According to CBS New York, an armed robbery took place at Philippe, an upscale restaurant located at 33 E 60th St, New York, NY 10065.
Just after 10 p.m. on Wednesday, September 15, 2021, two masked robbers approached the patrons dining outside of the restaurant. Allegedly, they were able to rob one victim of a Rolex watch. As they approached another soon-to-be victim, a scuffle ensued as the victim fought back, and the victim was shot in the leg. The victim was treated for non-life-threatening injuries.
Police reported that the gun used in the shooting malfunctioned, preventing the suspect from firing any additional shots. The weapon, a 9mm handgun, was located at the scene, but the two suspects had already fled in a black SUV before police arrived.
Attorney contributor Laurence Banville has represented victims of criminal violence and their families in civil lawsuits in the state of New York. We asked Mr. Banville to share his knowledge regarding the legal rights of victims shot while dining at a restaurant.
"Restaurant owners, like other commercial property owners, are legally obligated to keep their patrons and employees safe while on their property. To do this, restaurant owners should provide adequate security, including good lighting and surveillance cameras. If restaurant owners fail to do this, and someone is injured on their property, then they could be held responsible for the crime."
"In addition to inadequate security, the crime must be considered reasonably foreseeable for a victim to have sufficient reason to pursue a lawsuit against the restaurant owner. A reasonably foreseeable crime could include a crime that occurs on a property that the owner had not enhanced security measures despite previous violent crimes taking place. If a victim of a crime, like a shooting, at a restaurant feels they have proper grounds for legal action, they should seek the advice of an experienced violent crimes attorney."