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Silvi, Fedele & Honschke Attorneys at Law, L.L.C.
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Who is liable after a mass shooting?

Unfortunately, mass shootings are becoming a regular occurrence in this country. When one occurs, the immediate concern is saving victims and stopping the shooter. However, as time goes by, victims and the families of victims begin to pick up the pieces and look for someone to pay for the damages they incurred. If a mass shooting were to happen in New Jersey and you were a victim, who would be responsible for paying your related expenses?

This is a tough question. According to National Public Radio, the shooter is responsible, but in many cases, the shooter ends up dead. Even if the shooter is captured, he or she may not have the funds to repay victims, so you would never see any damages. This is what often leads victims to look at the venue or place where the shooting occurred.

This is where things get difficult. It is terribly difficult to prove the venue has any liability in a mass shooting situation because the law requires showing it had prior knowledge of what would happen and the ability to have stopped it. This just is not the case in most mass shooting situations. Typically, the venue is a victim as well. It loses business and has a dark cloud hovering over it due to what happened.

Furthermore, trying to prove the venue was negligent is often impossible. The aftermath of a mass shooting is confusing. Details are unclear. It takes a lot of investigation to find answers. So, even if a venue was negligent, evidence may never be found to prove it. This information is for education only. It is not legal advice.

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