QUESTION: If I was assaulted and injured by another customer while in a bar, can I sue the establishment? Do I have the right to be protected by them from the attack? ANSWER: If a person suffers because of an establishment’s failure to act affirmatively to protect the customer, the injured party may be able to recover compensation for damages [CC § 3281].One of the essential elements of a negligence cause of action is breach of a legal duty to act reasonably under the circumstances.
QUESTION: If I am in a business establishment or place, like a gas station, and a person who is not an employee of that business attacked me, Is it possible to hold the establishment liable for my injuries? ANSWER: Generally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. However, the law does impose a legal duty to affirmatively act (to protect someone else from danger or to control the conduct of a third person) if there is.
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