The Atlanta Injury News Blog

Shooting in P. Diddy Owned Restaurant Sparks Civil Lawsuit

Sean “P. Diddy” Combs is being pulled into another shooting story. This time the story isn’t as glamorous as before, as it doesn’t feature J.Lo, or involve a promising young rapper like Shyne going to jail.

In a lawsuit filed in federal court in Northern Georgia, a man called Leroy “Tony” Austin said he came to the Diddy owned restaurant, Justin’s Bar and Restaurant, in November 2010, and was shot in the parking lot along with another man, reports the Associated Press.

Tony Austin alleges that the restaurant owners knew of the "dangerous and hazardous conditions" and failed to give any kind of warning.

Generally, a restaurant or similar establishment, can be liable to patrons injured at its location under a theory of "premises liability."

A new and complicated area of personal injury law involves what is called "third party premises liability" (PDF) -- where the owner of a premises might be implicated for the acts of a third party if the owner could "reasonably foresee" the acts.

In fact, the case Diddy restaurant shooting involves precisely such a situation. Austin will likely have to be able to demonstrate some sort of negligence on the part of the restaurant that allowed for the shooting to occur. Currently there are not enough facts available to make a judgment about this part of the case.

It is unlikely that this time around that P. Diddy will be all over the news. This is a civil suit and not criminal, and will likely get resolved without Diddy needing to make a physical appearance.

Owners of premises, particularly restaurants and supermarkets, have to be careful about what happens on their property. This is especially important with regard to parking lots, which tend to be poorly lit, or are open to the public and allow for strangers to come in.

We will keep an eye on this case.

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