Is there a case here?
Guy was at a store buying something. Random drive by shooting into the store. He got hit a couple of times, but doing well now. Can he sue the City and or the store? Thanks

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“Random” defeats any cause of action against the store. No duty to protect against the random criminal acts of a third party.

City is immune and also has no duty here.

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This.

No duty unless (maybe) there’s been drive by shootings before and the store was also hit and did nothing to remedy. I had a car crash where one of the cars drove into a restaurant. We found out it happened once before, ten years or so. Got passed summary judgment.

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Maybe if you could show that the store used substandard materials in its front and the victim wouldn’t have been hit otherwise? But generally speaking, good luck.

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Recent prior shootings in the area?

If I get shot in your store, I’m 100% suing.

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And 100% losing.

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Coming from someone who works for insurance to defend premises cases: there’s always a case because insurance just pays everything.

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I have seen this scenario before. The guy sues the store and the owner of the premises. Send out spoliation letter immediately to preserve video surveillance within and outside the store. No case against the City.

There may be a frivolous claim to make against insurance policies who may settle for nuisance. Unless they have their own in-house litigators for this stuff.

In my jurisdiction, the store owner has no liability unless the store owner was involved.

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