Could the shooting at an Austin nightclub have been prevented and are justice and compensation available to the victim’s family? Read Our Legal Take below to find out what legal options are available.
Gunfire rang out at an Austin, TX nightclub early Saturday morning, Sept 9, 2023, leaving one man dead.
As reported by Fox7Austin.com, “[o]n Sept. 9 just before 2:30 a.m., officers responded to a shooting at [a nightclub] in the 3600 block of South Congress Avenue.”
According to the report, “[a] caller reported someone had been shot, and the suspect had left the scene.”
CBSAustin.com is reporting, “Austin-Travis County EMS arrived at the scene and found the victim, Philip Foley, 40, on the ground with a gunshot wound. Foley was taken to the hospital, where he later died.”
The shooting remains under investigation.
Is Justice Available? Our Legal Take
Nightclub patrons have a right to feel safe and secure while on the premises they are visiting. The level of security provided at the property is of significance, and is a relevant consideration when analyzing whether this shooting may have been prevented. The following questions are also important in assessing whether this incident may have been avoided:
- Have prior incidents of violence been reported on or near the property?
- Was there security personnel at the property?
- Were security measures added after any prior incidents?
- Was the property owner or manager aware of any suspicious persons or suspicious activity on the property prior to the shooting?
- Have authorities been to the property on prior occasions?
- Does the property owner or management have a protocol to check guests for deadly weapons prior to entering the establishment?
Property owners and managers are generally required to protect against foreseeable harm to anyone and everyone legally on the premises. Should the investigation into this incident reveal facts that establish that the property owner or management lacked adequate security to protect its visitors, or engaged in the negligent retention of its security personnel, the family of Philip Foley may seek justice and elect to pursue legal claims and substantial compensation for their loss.
The Murray Law Firm has extensive and successful experience in handling security negligence claims on behalf of victims and their families, and suggests that an immediate, unbiased inspection and investigation will need to be performed so as to limit evidence from being altered, damaged or destroyed. The complexities of pursuing a negligent security case are well understood by the legal team at The Murray Law Firm, and it is imperative that the family of Philip Foley retain a capable law firm who will work without delay to protect their interests.
OUR RESULTS? OVER $125 MILLION IN VERDICTS AND SETTLEMENTS FOR OUR CLIENTS.
The Murray Law Firm has a long history of representing victims of violence and security negligence. We have obtained over $125 Million in verdicts and settlements for our Clients, including:
- A $29.25 million dollar verdict for a victim of an unsafe property.
- Settlement in excess of $10 million dollars for a victim of gun violence at an apartment complex.
- Settlement in excess of $10 million dollars for a family who lost a loved one to gun violence at a commercial property.
We offer our legal assistance, if desired. We represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888-842-1616. Consultations are free and confidential.