One of the key factors in bringing a case against someone on behalf of a crime victim is the involvement, behavior and conduct of the victim himself

As a practical matter, the involvement, behavior and conduct of a crime victim is critical to the success of a case against other responsible parties. If the crime victim plaintiff is anything other than an innocent victim, the basis for imposing liability upon another is often lost. If the crime victim was in any way involved in the criminal activity which gave rise to the injury, demonstrating a breach of duty becomes a near impossible task.

Take for instance an incidient which occured at a bar in Allentown, Pennsylvania in September, 2008. In that case, a man who had been a patron at Trinkle's Cafe was shot, but only after he had stabbed the person in the bar. The question always is what the crime victim was doing immediately prior to the incident. Likewise, if the victim had a pattern of eing at the premises for less than ideal reasons, this will be a factor in potential liability of any defendant. Furthermore, acquaintance-related incidents often prove problematic. If the victim and the perpetrator knew each other or were otherwise linked together, the concept of an opportunistic crime that is preventable through reasonable acts of deterrence is defeated. One of the biggest problems is where the perpetrator is determined to get the victim which raises the issue of preventability.

Nevertheless, there are some circumstances where a special duty may exist or prior threats have been made which may give rise to a stronger case. For instance, where a stalker threatens the safety of an individual and that person advised the apartment complex that this person should not be permitted by security to enter the premises, and they are, a viable case may exists.

Careful investigation of these cases is a must before a crime victim decides to bring an legal action.

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The Monahan Law Practice
300 North Pottstown Pike
Suite 210
Exton, PA 19341-2233

Phone: (610) 363-3888
Fax: (610) 363-2429