If a friend’s father was stabbed 12 times and killed by his roommate in a community retirement center do he have a case? 33 Answers as of August 31, 2015

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Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
How can he have a case? He is dead! People that loved him, that he supported financially and emotionally, could file suit. However, they will have to prove that the community retirement center (if it is a governmental agency) were grossly negligent. This means that you have to prove that they were so stupid that it was almost as if they intended for your friend's father to be killed. Probably it won't fly. At the very least, they will have to prove that the community center "knew or should have known that the person was a danger." If that cannot be proven, then the case will be lost.
Answer Applies to: Michigan
Replied: 11/20/2014
The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Very possibly yes. Details would need to be considered, such as whether the facility had any notice of such potential and failed to take adequate precautions, had adequate security measures and personnel in place, etc. There's a lot to consider, and varying potential theories of recovery. Certainly, this is worth a detailed phone discussion, to determine whether it can be pursued.
Answer Applies to: Michigan
Replied: 11/20/2014
Mace J. Yampolsky, LTD
Mace J. Yampolsky, LTD | Mace Yampolsky
That would be a yes.
Answer Applies to: Nevada
Replied: 8/31/2015
Law Ofices of Edwin K. Niles | Edwin K. Niles
I suppose that you mean against the Center. You would have to prove negligence, which carries with it an element of prior knowledge of the roommate's propensity for violence. Were there any prior threats or violence?
Answer Applies to: California
Replied: 11/20/2014
The Gufford Law Firm, P.A.
The Gufford Law Firm, P.A. | Joseph Gufford
He may have several causes of action depending on the circumstances, negligence, negligent supervision, negligent hiring and retention, etc. The facts surrounding the whole event may have an impact on whether or not the nursing home and/or its staff failed to properly protect the victim.
Answer Applies to: Florida
Replied: 11/20/2014
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    That would be a maybe.
    Answer Applies to: Georgia
    Replied: 8/31/2015
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would need to know more about the facts of the situation to determine whether there would be a case. Although there is generally no liability for criminal acts, if the security was inadequate there may be a possible claim against the retirement center.
    Answer Applies to: Illinois
    Replied: 11/19/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    The answer to your question depends upon the facts. The person who stabbed the victim probably doesn't have any money or property to pay for the damages he has caused. Thus if the facts show any negligence on the part of the retirement center, they would be the target of any lawsuit for damages. The retirement center's rules and regulations no doubt spell out what a resident can or can not have on the premises in terms of weapons; the law governing retirement centers may be germane; if the victim was a "vulnerable adult" as defined by the code, the management's duties are heightened; if the assailant had any history of violence, threats, mental instability, and the like, those factors would have to be considered in terms of negligence of the center as well.
    Answer Applies to: Washington
    Replied: 11/19/2014
    Law Offices of Tanya Gendelman, P.C.
    Law Offices of Tanya Gendelman, P.C. | Tanya Gendelman, Esq.
    You may have a case. You need to speak to an experienced personal injury lawyer.
    Answer Applies to: New York
    Replied: 11/19/2014
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    Yes of course. The son and other members of his family have a wrongful death case against the stabber, and possibly against the retirement center, depending on the circumstances.
    Answer Applies to: California
    Replied: 11/19/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    That would be a maybe.
    Answer Applies to: Nevada
    Replied: 11/19/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    He would have to be able to prove that the community center knew or should have known this was going to happen and that they could have prevented it by the exercise of reasonable care.
    Answer Applies to: New York
    Replied: 11/19/2014
    Ken Oliver Law | Kenneth Oliver
    The family may have a case against the perpetrator, but there is likely no insurance coverage for the perpetrator for the intentional act.Whether there is a case against the retirement center depends on a few factors, especially whether they knew or should have known of violent tendencies of the perpetrator. Best to have your friend contact a lawyer directly.
    Answer Applies to: New York
    Replied: 11/19/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Presuming the other guy was at fault, then the estate may have a civil case, but who would you collect from if you get a judgment? Good luck.
    Answer Applies to: Alabama
    Replied: 11/19/2014
    Law Offices of Carl L. Brown | Carl L. Brown
    There is insufficient information to determine whether there is a case of negligence against the facility. However, it would be worth pursuing based on the limited information provided.
    Answer Applies to: California
    Replied: 11/19/2014
    Connell-Savela
    Connell-Savela | Jason Savela
    Certainly there is a case against the stabber the case against the community center would depend on whether the community center had knowledge that something like this might occur and they did nothing - it might be mitigated if the friends father knew and did nothing - if friends father provoked the attack, that is a problem very fact dependent - send me an email with information above and if you have it, a police report it really boils down to whether the community center could foresee this happening and did nothing.
    Answer Applies to: Colorado
    Replied: 11/19/2014
    Law Offices of Richard M. Levy P.C.
    Law Offices of Richard M. Levy P.C. | Richard M. Levy
    That would be a yes.
    Answer Applies to: New York
    Replied: 8/31/2015
    Shalvoy Law, LLC | Walter A. Shalvoy Jr.
    I would think so, unless he/she can assert self defense.
    Answer Applies to: Connecticut
    Replied: 11/19/2014
    Nash & Franciskato Law Firm
    Nash & Franciskato Law Firm | Brian Franciskato
    It is possible you have a case for negligence or wrongful death.
    Answer Applies to: Missouri
    Replied: 11/19/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    I assume that you are asking about a potential case against the retirement center. It would be worth investigation to determine what level of supervision the retirement center promised its occupants. It would be worth pursuing.
    Answer Applies to: Minnesota
    Replied: 11/19/2014
    Elhart & Horvath, P.C.
    Elhart & Horvath, P.C. | Mattias Johnson
    Yes, it sounds like he does have a case. This information would need to be turned over to the prosecutor in your county to have the charge of murder/homicide initiated. The friend may also have a civil action for wrongful death available.
    Answer Applies to: Michigan
    Replied: 11/19/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Most certainly against the attacker, and potential against the retirement center if they were are of his violent propensities. His estate has a civil cause of action if the attacker if there is any collectability.
    Answer Applies to: Michigan
    Replied: 11/19/2014
    Law Office of Marc June
    Law Office of Marc June | Marc June
    He might have a case. You should schedule a meeting with a lawyer and share all the facts.
    Answer Applies to: Alaska
    Replied: 11/19/2014
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The victim's estate likely has a cause of action against the killer. But the killer might not be able to pay any judgment, in which case the expense and care of a lawsuit would be pretty much worthless. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 11/19/2014
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    Of course he has a case against his killer. You did not say anything about the fault of anyone else.
    Answer Applies to: North Carolina
    Replied: 11/19/2014
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    The estate will have a claim against the person who did the stabbing. The only way the community center will be at fault will be if they had information that this would occur or was occurring and failed to take a proper action that would have stopped it (based on the limited facts you have given.)
    Answer Applies to: Connecticut
    Replied: 11/19/2014
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If you can show that the facility had a reason to know the person was dangerous. Talk to an attorney.
    Answer Applies to: Alabama
    Replied: 11/19/2014
    Candiano Law Office
    Candiano Law Office | Charles J. Candiano
    It is a fact-sensitive analysis. Your friend should discuss the specifics with an experienced personal injury attorney ASAP.
    Answer Applies to: Illinois
    Replied: 11/19/2014
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    There is a possible action depending on the facts and knowledge on the part of the facility of the roommate's violent propensities and the duty owed to the decedent. The person bringing the action would have to have standing or perhaps open an estate which would bring an action perhaps for wrongful death.
    Answer Applies to: Indiana
    Replied: 11/19/2014
    WEISSMAN LAW FIRM
    WEISSMAN LAW FIRM | I.Donald Weissman
    The case against the attacker is easy, but one must assume he/she does not have assets to satisfy a judgment. The target becomes the retirement home. It can be liable if the roommate showed violent or dangerous propensities or similar prior actions (or attempts) and the home did nothing to protect the residents from him/her or to isolate or remove this person from the premises.
    Answer Applies to: California
    Replied: 11/19/2014
    Utah Injury Lawyer
    Utah Injury Lawyer | Will Rodgers
    Your friend may have a case against the retirement center for not keeping his father safe from the person that killed him.
    Answer Applies to: Utah
    Replied: 11/19/2014
    Zuckerman Law Firm LLC | David Zuckerman
    It is possible that he has a case if the community retirement center was negligent in it's oversight of the roommate. It is recommended that you contact a personal injury attorney right away.
    Answer Applies to: Pennsylvania
    Replied: 11/19/2014
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    There is certainly a "Criminal" case for 1st Degree Assault or Murder. Whether or not there is a valid "Civil" case would depend on what types of assets this other person has and whether or not it would be feasible to go after them. You would need to have a consultation with a "Civil" attorney in whatever jurisdiction this occurred in to ascertain that.
    Answer Applies to: Missouri
    Replied: 11/19/2014
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