Public discussions around justice for victims of violent crime have traditionally focused on the criminal legal system. However, civil litigation is increasingly recognized as a separate and additional avenue for accountability. While criminal cases are brought by the state and focus on punishment, civil claims are filed by individuals seeking financial compensation. The two systems operate independently — a civil claim may proceed regardless of whether criminal charges were filed or how a criminal case was resolved.
Civil Claims After a Shooting or Assault
For commercial properties — including bars, nightclubs, malls, and hotels — civil claims may examine whether the business owner or property owner failed to address known safety risks, whether adequate security measures were in place, and whether prior incidents or documented warnings were ignored. These considerations are evaluated under premises liability and negligent security frameworks. For residential properties, a significantly more limited standard applies — addressed in the FAQ below.
Pennsylvania’s dram shop laws create a separate avenue for civil accountability when a bar over-serves a patron to the point of visible intoxication and that patron subsequently causes harm. Bars may also face civil liability under negligent security when they repeatedly attract dangerous conduct without employing adequate security measures.
Civil Liability in Sexual Assault Cases
Civil claims involving sexual violence examine whether responsibility extends beyond the individual offender to institutions, employers, property owners, or commercial operators whose failure to address known risks contributed to foreseeable harm. Courts evaluate failures in supervision, hiring practices, and responses to prior complaints.
Bars and commercial venues may also face civil liability where employees were directly involved — including cases where staff drugged and then assaulted patrons. The Victims’ Recovery Law Center has handled cases of this nature, pursuing civil accountability against the businesses whose employees committed the assaults on behalf of the victims.
Civil Litigation Involving Minors and Institutional Duty of Care
Civil claims involving minors focus on whether institutions — schools, religious organizations, childcare providers, and residential treatment facilities — failed in their duty of care through negligent hiring, inadequate supervision, or failure to act on prior reports. Courts examine the institution’s systemic failures, not only the conduct of the individual perpetrator. Claims are typically filed by parents or legal guardians on behalf of the minor, with confidentiality protections limiting public disclosure of case-specific details.
Ghost Gun Litigation and Manufacturer Accountability
While US law generally prohibits suing gun manufacturers, ghost gun manufacturers represent a narrow legal exception — not because of what they produced, but because they sold to individuals legally prohibited from owning firearms, including convicted felons and minors, who used those weapons to cause harm.
The Victims’ Recovery Law Center handles cases against Polymer80, Inc. on behalf of victims and families injured by ghost guns. In one recent development, the firm obtained a decision by a Philadelphia judge awarding $30 million to the family of a 14-year-old victim.
What Kind of Attorney Handles These Cases?
Civil litigation involving violent crime requires attorneys who understand not only how to build a case but how institutional defendants and their insurers will defend it. Insurance companies assess cases based on foreseeability, prior notice, the adequacy of security measures, and how damages are quantified. An attorney with direct experience inside the insurance defense system is positioned to anticipate and counter those evaluations effectively.
The Victims’ Recovery Law Center was founded by David P. Thiruselvam, who served as a public defender in Philadelphia before working as house counsel for a major insurance company handling premises liability and motor vehicle claims. That background directly informs the firm’s civil litigation strategy on behalf of crime victims.
About The Victims’ Recovery Law Center
The Victims’ Recovery Law Center, based in Newtown Square, Pennsylvania, is a civil litigation firm dedicated to representing victims of violent crime and catastrophically injured plaintiffs. Founded in 2007 by David P. Thiruselvam, the firm’s practice is limited to civil court representation of victims of crime. It does not prosecute criminal cases and does not represent criminal defendants. Mr. Thiruselvam holds active licensure in Pennsylvania, New York, and New Jersey and is a member of the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. For more information, visit victimrecoverylaw.com.
About the Author
This article was prepared on behalf of David P. Thiruselvam, founder of The Victims’ Recovery Law Center, a civil litigation firm based in Newtown Square, Pennsylvania, representing victims of violent crime across Pennsylvania, New Jersey, and New York.
Frequently Asked Questions
Q: Can I sue my apartment complex if I was shot on the property?
In most cases under Pennsylvania law, the answer is no. Residential landlords are not held to the same standard as commercial property owners. A civil claim against a residential property manager is available only in narrow circumstances: the landlord must have provided a specific security measure — such as a guard, a locked gate, or a controlled access system — tenants must have relied on it, and it must have specifically failed. A general history of crime on the property, without a specific failed security measure, is not sufficient. This standard is far more limited than what applies to commercial properties such as bars, malls, and nightclubs.
Q: What is a negligent security claim?
A negligent security claim alleges that a business owner or property owner failed to take reasonable steps to prevent foreseeable criminal activity. For commercial properties, courts conduct a broad foreseeability analysis — examining prior incidents, known risks, and whether adequate security measures were in place. For residential properties, the standard is significantly more limited, focusing only on whether the landlord provided a specific security measure that failed and that the tenant relied on.
Q: Can a bar be sued if someone they over-served commits a crime?
Under Pennsylvania’s dram shop laws, a bar may face civil liability if it continued to serve a patron who was visibly intoxicated and that patron subsequently caused harm. The legal trigger is over-service to visible intoxication — not simply serving alcohol. Bars may also face civil liability separately under negligent security when they fail to employ adequate security for a venue that consistently attracts dangerous conduct.