The Haggard Law Firm’s Pedro Echarte and co-counsel David Helfand have secured a $3.050 Million settlement on behalf of the family of a 29-year-old man who was tragically shot and killed outside a fast-food restaurant. The case highlights the critical duty that restaurants and other public establishments must provide reasonably safe environments for their patrons, both inside and immediately outside their premises.
Per terms of the settlement, the parties involved, and location cannot be reported.
The Incident
The decedent had visited a fast food restaurant with a friend when a verbal argument broke out inside the restaurant between the decedent’s friend and another individual. The restaurant manager instructed all parties to leave, but shortly after exiting, the other individual pulled a firearm and fatally shot the decedent. The decedent’s friend was also shot but survived.
The victim’s parents pursued a wrongful death lawsuit as statutory survivors, seeking damages for their immeasurable pain and suffering following the tragic loss of their son.
Defendants’ Primary Defenses
The entities that owned and operated the fast-food restaurant raised several defenses to avoid liability:
- The Shooting Occurred Outside the Restaurant
The defendants argued that because the shooting happened on a public sidewalk, they owed no duty to the decedent. Plaintiff’s counsel successfully countered by demonstrating that the altercation began inside the restaurant and continued immediately outside. The shooting occurred very close to the restaurant’s entrance, an area that should have been safely managed. The law requires restaurants to ensure reasonably safe ingress and egress, which includes the immediate surroundings.
- No History of Violent Incidents at the Restaurant
The defendants claimed that the restaurant had no prior history of shootings or violent crime. In response, the Haggard Law Firm presented prior police reports and testimony showing a pattern of disorder and incidents at the establishment. The firm also emphasized the restaurant’s location in a busy late-night tourist district, which heightened the need for proper security measures. Plaintiff’s counsel highlighted the lack of staff training, particularly the manager’s decision to eject all parties simultaneously, a deviation from standard hospitality industry practices. Proper protocol would have required managing one group at a time, reducing the likelihood of escalation outside.
- Alleged Contributory Fault of the Decedent
The defendants argued that the decedent bore some responsibility for his own death. The Haggard Law Firm successfully countered this claim, demonstrating that the restaurant staff’s failures directly enabled the escalation. Proper training and adherence to safety protocols could have prevented the confrontation from becoming violent.
Outcome
Thanks to the diligent efforts of attorney Echarte, The Haggard Law Firm secured a settlement that acknowledges the negligent security practices of the restaurant and provides the decedent’s family with justice for their devastating loss. While no amount can replace their son, this resolution holds the restaurant accountable and highlights the importance of public safety in hospitality establishments.
About The Haggard Law Firm
The Haggard Law Firm has extensive experience representing families harmed by negligent businesses and unsafe premises. Our attorneys handle negligent security, wrongful death, and premises liability cases, helping victims and their families pursue justice and fair compensation.
If you or a loved one has been injured due to the negligent actions of a business, contact The Haggard Law Firm today for a free consultation. Our team is committed to holding negligent parties accountable and protecting the rights of victims.
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