19 replies to this topic

[Elaine J]

On december 19,2010 my boyfriend and I were on our way home from christmas shopping. We stopped at a party store down the street from his mother's house and when he came out he was shot and robbed in the parking lot as a result of the gun shot he is now quadriplegic.The couple that did it were caught and are in jail. Can he sue the store or their insurance company? We live in michigan .

[Tetracyclone]

You need to ask a lawyer.

[eyelookok2blindgurls]

I doubt that a store could be held responsible for the actions of a couple of thugs who have been caught and are now in jail , if anyone is responsible it is the perpertrators of the act , things happen and you gotta move on rather than dwelling on the rights and wrongs .

[edlee]

I understand your desire to get some help. It doesn't sound promising,, but some lawyers will try anything,, so find one who will work on spec,, and be careful what you sign ( in that lawyer's office, I mean).

You might be better served looking into Medicare, Medicaid, or even the VA, if he was ever in the service. I wish you both luck.
ed

[isobar]

See if your city has a victim assistant program ....... if so he can seek some compensation from the city for being the victim of a violent crime.

Edited by isobar, 13 April 2011 - 11:38 AM.

[Elaine J]

[quote name='isobar' timestamp='1302694701' post='220630']
See if your city has a victim assistant program ....... if so he can seek some compensation from the city for being the victim of a violent crime.
[/quo
Thank you I will do that. Elaine

[quote name='edlee' timestamp='1302672260' post='220544']
I understand your desire to get some help. It doesn't sound promising,, but some lawyers will try anything,, so find one who will work on spec,, and be careful what you sign ( in that lawyer's office, I mean).

You might be better served looking into Medicare, Medicaid, or even the VA, if he was ever in the service. I wish you both luck.
ed
[/quote]
I am trying but havimg a hard time even though I am his power of attorney these ppl don't understand that at this point we have no way to get him there for them to meet with. I don't know what else to do .My car isn't equipped for a wheelchair and we haven't been ab;e to have the ramp built yet,the ground is still to hard .IDK but that's what the contractor says.

[Elaine J]

eyelookok2blindgurls, on 13 April 2011 - 04:58 AM, said:

I doubt that a store could be held responsible for the actions of a couple of thugs who have been caught and are now in jail , if anyone is responsible it is the perpertrators of the act , things happen and you gotta move on rather than dwelling on the rights and wrongs .

I'm not dwelling i'm trying to make sure that my boyfriend gets what he deserves to live a good life as normal as possible since his ability to care for himself was taken. I want to make sure I can care for him in a comfortable manner. Yea they are in jail and our tax dollars are paying for their food and shelter. They still have the ability to walk around, hold their kids, write a letter, and take a shower. How would you feel if the person you loved was shot right infront of you.

[jscott92064]

Elaine J, on 13 April 2011 - 09:27 PM, said:

eyelookok2blindgurls, on 13 April 2011 - 04:58 AM, said:

I doubt that a store could be held responsible for the actions of a couple of thugs who have been caught and are now in jail , if anyone is responsible it is the perpertrators of the act , things happen and you gotta move on rather than dwelling on the rights and wrongs .

I'm not dwelling i'm trying to make sure that my boyfriend gets what he deserves to live a good life as normal as possible since his ability to care for himself was taken. I want to make sure I can care for him in a comfortable manner. Yea they are in jail and our tax dollars are paying for their food and shelter. They still have the ability to walk around, hold their kids, write a letter, and take a shower. How would you feel if the person you loved was shot right infront of you.

Sorry this happened to you, Elaine, and if I read correctly, during the Christmas holiday season.

A lawyer should be able to help you. Good luck!!!

[eyelookok2blindgurls]

Sue the people responsible altough the probably haven't any money , suing a store for the actions of others is blaming them for the actions of others , Life is very unfair and at times extremely painful and you need to concentrate on your boyfriend and your family rather than rights or wrongs .
It would be wonderful if there was a rewind button for life but unfortunately there isn't , be thankful that the people that shot your boyfriend are in jail and can't shot anyone else , if they weren't in jail they may have shot a child by now .
I and I'm sure many others would love to be able to help you if we were able to .
I will be thinking about you and your family

[Simba]

I understand your concern over the loss of your bf function and being concerned about how you are going to look after him and as you say provide as normal a lifestyle as you can for him. I sympathise with both your losses through this crime - but since the people have been apprehended for commiting the crime and are currently being punished I don't really see that the shop is responsible for what has happened.

If you feel the necessity to continue with your law suit then go ahead and do it - just don't let yourself dwell on what has happened to the point where you foget to move on and adjust. You also have children to think about and provide a positive role model for, think about the effects that the additional stress will have on your family and take it into consideration and wheigh up the benefits with the possible nagative impact of going through legal proceedings.

You are in the process of grieving as is your bf and your feelings are natural for what you have been through, no-one is trying to invalidate that just pointing out that you may not have a water tight case for sueing the shop! Please don't put all your hopes into this legal episode as your energy needs to also be directed on healing for both of you and your kids.

The risk of becoming bitter about what has happened is also a reality for both of you and should be avoided as it will not benefit anyone - grieve but don't let your feelings of being robbed & deprived overwhelm and consume you.

Everyone is entitled to have a decent life - unfortuantely in reality this often is not the way that it works. While I certainly hope there is a resolution for you and that you receive the appropriate support & help, you can only do the best on your behalf and sometimes other factors are not within your control so there will come a time for acceptance later in your journey. I wish you both well and hope that you are both able to see your way through all of this.

[mellowgator]

dear elaine,

i did a quick search and found this link: http://news.aitkenla...ility-explained

"Take for an example someone getting injured when being mugged in a store parking lot. If the store owner was aware of previous muggings in the past, but failed to provide adequate security or warnings for his or her customers, then legal liability will be created. If there were no previous muggings, however, and there was no reason for the store owner to suspect the danger, no legal liability is created."


i agree with tetra here you need to ask a lawyer. we have an attorney who is a member here and i forwarded him your post so hopefully he can refer you to someone in your area.



mellowgator

Edited by mellowgator, 14 April 2011 - 01:17 AM.

[Tetracyclone]

On a similar note... or to beat a dead horse, notions of responsibility and fairness rarely fit real events. I was hit by a car in Taiwan. The driver had appropriate insurance. Taiwan's legal tradition does not allow much suing- even if a person is killed the family won't get more than $3000 USD death benefit.

In addition, the law profession is very good old boy network and a deal was made to ignore any insurance payments for my medical expenses until I was out of the country. And I paid this lawyer, who lived 20 years in California and was more American than Taiwanese!

In the US this clear of an accident would have garnered $2 million. I figured I just had to learn to take care of myself, or if not, an overdose is always an option.

[jscott92064]

Why can't you sue the folks in jail? Sure, they don't have anything now, but what about future earnings?

There was a case recently in California where a drunken driver (repeat offender) not only received criminal charges, but also has to pay the medical bills for life of the person he made a quad.

I wish you the best of luck with everything.

[eyelookok2blindgurls]

jscott92064, on 14 April 2011 - 02:49 PM, said:

Why can't you sue the folks in jail? Sure, they don't have anything now, but what about future earnings?

There was a case recently in California where a drunken driver (repeat offender) not only received criminal charges, but also has to pay the medical bills for life of the person he made a quad.

I wish you the best of luck with everything.

All very well in theory , but if their future earnings are created by Mugging and shooting more people ( as it might be the only thing they are experienced in ) it would indeed create more issues

[Tetracyclone]

[quote if their future earnings are created by Mugging and shooting more people ( as it might be the only thing they are experienced in ) it would indeed create more issues
[/quote]

Such a marvelous thought: restitutional mugging.

[eyelookok2blindgurls]

" if their future earnings are created by Mugging and shooting more people ( as it might be the only thing they are experienced in ) it would indeed create more issues"

"Such a marvelous thought: restitutional mugging."
Aww Shucks , the reality of living in such a dysfunctional world

[stillgotswag]

I was in a similar situation shot in a bulding parking lot. I spoke to an atty and he advised me it would be hard to hold them liable. He said that I could sue the guy, but his being in prison would make it hard to collect. Eventually I let it go.

Im sorry this happened to you two. It sucks, I was shot x-mas day.

[edlee]

As you can see, Elaine, you are not alone. There are a lot of stories here,, and not that many happy ones. the one positive is that you found this site. You and he will have many questions,,, and you will find the doctors and nurses you see,, not very knowledgeable about "living with" SCI.

We are a friendly lot,,, mostly. So come here to ask,, learn,, or rant if needed. You will find empathy,, and possibly friendship.

Welcome
ed

[twentieth]

Elaine, shop owners can be held responsible. It will depend upon the premises liability laws in the incident State. As well, it will depend upon the history of criminal incidents in that neighborhood and in particular that actual shopping center. If the premises owner is aware of a consistent and similar criminal history associated with their shopping center and fails to make an effort to keep future invitees safe, then they can be held liable for injuries arising from substantially similar incidents. In other words, if the property has a history of cars broken into and a shooting occurs, then the shop owner will not be responsible but if the property has a history of shootings or even persons held up at gun point and no effort was made to alleviate the criminal acts, then the shop owner may be liable for injuries sustained in a future hold up at gun point. Attorneys who handle these type cases usually have investigators/experts available who can obtain the criminal history in that neighborhood to make a preliminary determination of potential liability.

[Elaine J]

stillgotswag, on 15 April 2011 - 04:36 PM, said:

I was in a similar situation shot in a bulding parking lot. I spoke to an atty and he advised me it would be hard to hold them liable. He said that I could sue the guy, but his being in prison would make it hard to collect. Eventually I let it go.

Im sorry this happened to you two. It sucks, I was shot x-mas day.

Yea I did call an attn myself a week or so ago and got some info. But ty for your comment. I also did my research and found that because he was a victim of a violent crime he is intitled to 20,000 from the Vicitims of Crime and I filled that app out and mailed it in. I just have to call the dudes po and talk to him because the dude that shot him has been convicted and is liable for restitution. So that's my last step to go one that. Then on to social security. Big pain in da a$$ that's gonna b. But again thanx for da info and comment. Good lick with everything you got goin on in ur life.

eyelookok2blindgurls, on 14 April 2011 - 11:55 PM, said:

jscott92064, on 14 April 2011 - 02:49 PM, said:

Why can't you sue the folks in jail? Sure, they don't have anything now, but what about future earnings?

There was a case recently in California where a drunken driver (repeat offender) not only received criminal charges, but also has to pay the medical bills for life of the person he made a quad.

I wish you the best of luck with everything.

All very well in theory , but if their future earnings are created by Mugging and shooting more people ( as it might be the only thing they are experienced in ) it would indeed create more issues

The man that shot him is liable and here in michigan we have what is called the victims of crime and what that is is a fund that pays victims of violent crimes that are let disabled to help them get things they will need in their life and the man then has to pay restitution to them to cover what was pd out to the victim and has to pay for med bills and such.