When you operate a restaurant or a bar, etc., sometimes customers get attacked by other customers/patrons--for whatever reason. So when can the restaurant be held liable in situations like that? In what is a horrible story, in 2010, an 8-year-old boy was at a Dave & Buster’s with his family at The Source Mall in Westbury. The boy was playing a game when he was suddenly attacked and stabbed 5 times in the back by a 23-year-old man who testified in the case that he went there to stab someone. [The man plead guilty to attempted murder and was sentenced to 14 years in prison .] The boy (through his parents) sued the attacker (who has no money, I assume), Dave & Buster’s, and the Mall. The boy alleged Dave & Buster’s failed to provide adequate security, which would have prevented the attack. Dave & Buster’s got the case dismissed against them at the trial court level, and the boy appealed. In a recent decision, the Second Department affirmed that...
The Law Office of Greg Curry