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Assault leads to $20.5 million judgment against Jack in the Box
Posted By Kinnard, Clayton & Beveridge || Sep 15, 2013
It is the responsibility of owners to make sure their properties are safe and secure. This means not only making sure the general area is safe, but taking reasonable measures to prevent an assault from taking place. If there are questions as to how safe the premises were at the time of an assault, an owner can end up in court.
This is what ended up happening to Jack in the Box restaurants. A lawsuit was filed after a man was beaten unconscious in a parking lot of one of the restaurants.
The man was beaten unconscious and spent more than a year in a coma. The now 35-year-old man suffers from permanent brain damage and can no longer walk or feed himself. It is safe to say his entire life is forever changed due to this fight.
The lawsuit was filed against the Jack in the Box restaurants by his mother. Her claim was that the restaurant chain failed to prevent the fight. She also claimed the employees at the fast food restaurant were not properly trained and that policies for dealing with disruptive customers were not properly followed.
Originally, a jury awarded a $25 million verdict against the fast food chain. However, this amount was reduced to $20.5 million after a jury found the man who was attacked was 18 percent responsible for the fight.
At this point, Jack in the Box restaurants is considering appealing the judgment.
For the average Tennessee reader though, what this goes to show is that establishments have a legal duty to keep their premises safe for customers. This legal responsibility includes taking reasonable measures to prevent an assault from happening.