Arizona Tribune - Pennsylvania Courts Expand Civil Accountability for Shooting Victims Beyond the Individual Perpetrator

PHILADELPHIA, PA / ACCESS Newswire / May 29, 2026 / As civil litigation for shooting victims continues to develop across Pennsylvania, courts are increasingly recognizing that financial accountability for gun violence extends well beyond the individual perpetrator. Business owners, property owners, management companies, and manufacturers whose conduct contributed to foreseeable harm are being named as defendants in civil lawsuits, and Pennsylvania courts are examining their responsibility with growing scrutiny.

Civil and Criminal Cases Serve Different Purposes

Criminal prosecution and civil litigation are independent legal systems with different purposes, different parties, and different outcomes. Criminal cases are prosecuted by the state and require proof beyond a reasonable doubt. A conviction results in punishment but delivers no direct financial compensation to the victim.

Civil claims are brought by victims directly under a preponderance of the evidence standard and seek financial compensation for medical expenses, lost income, long-term care, pain and suffering, and wrongful death damages. A civil case can proceed regardless of whether a criminal prosecution has occurred, is ongoing, or resulted in an acquittal.

Third-Party Liability: Expanding Accountability Beyond the Perpetrator

Third-party liability has become a central focus of civil litigation on behalf of shooting victims. Courts increasingly examine whether business owners, property owners, and other parties failed to address conditions that made violence foreseeable - and whether that failure gives rise to civil responsibility independent of the individual who pulled the trigger.

In cases involving shootings, civil courts evaluate whether third parties created or failed to address conditions that made violence foreseeable. This includes business owners and property owners who ignored documented security failures, commercial operators who continued serving visibly intoxicated individuals in violation of Pennsylvania's dram shop laws, and manufacturers whose products may have contributed to preventable harm.

Negligent Security: When Business and Property Owners Bear Civil Responsibility

Negligent security is a premises liability theory that evaluates whether a business or property owner maintained adequate safety measures given known or knowable risks on their premises. Pennsylvania courts assess prior incident history, documented complaints, physical security infrastructure, and whether the business or property owner took reasonable steps to address identifiable hazards. Business owners operating commercial establishments are typically held as the primary responsible party, with property owners considered secondary depending on their relationship to the premises.

The legal question is not whether violence was unpredictable in general, but whether specific, documented conditions created a foreseeable risk that the business or property owner failed to address.

It is important to note that the standard applied to residential properties differs significantly from commercial ones. For commercial properties - bars, hotels, shopping malls, nightclubs, and parking garages - courts conduct a broad foreseeability analysis. For residential properties such as apartment complexes, Pennsylvania law generally requires that the management company provided a specific security measure that was negligently maintained or failed, and that tenants relied on it. The mere occurrence of a shooting on residential grounds is not sufficient on its own to establish liability.

The Victims' Recovery Law Center handles civil claims of this type on behalf of shooting victims and their families across Pennsylvania, New Jersey, and New York. In one representative case, the firm pursued a civil lawsuit against an apartment building management company after a resident was shot outside his building. Five other law firms had declined the case. It was resolved for a seven-figure confidential settlement.

Ghost Gun Litigation: Manufacturer Accountability

A significant and developing area of civil litigation involves ghost guns - firearm components sold in kit form that can be assembled into untraceable weapons outside the federal background check system. While US law generally shields gun manufacturers from civil liability, ghost gun manufacturers represent a narrow legal exception. The basis for liability is specific: these manufacturers sold their products to individuals legally prohibited from owning firearms - including convicted felons and minors - who then used those weapons to cause harm.

The Victims' Recovery Law Center recently obtained a decision from a judge in Philadelphia awarding $30 million to the family of a 14-year-old victim against Polymer80, Inc., a manufacturer of ghost gun components. This litigation reflects a broader national effort to examine civil accountability for manufacturers whose distribution practices foreseeably enable gun violence.

About The Victims' Recovery Law Center

Founded in 2007, The Victims' Recovery Law Center is a civil litigation firm dedicated exclusively to representing victims of violent crime and catastrophically injured plaintiffs. According to the firm, it represents more gun violence victims than any other civil litigation firm in Pennsylvania. Its practice is limited to civil court representation of victims of crime and does not prosecute criminal cases or represent criminal defendants. The firm's work focuses on pursuing financial accountability from business owners, property owners, manufacturers, and other entities whose alleged negligence or security failures contribute to preventable harm.

David P. Thiruselvam is licensed to practice law 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.

Media Contact
Jack Smith
Media Director
Trustpoint Xposure
[email protected]

SOURCE: Victims' Recovery Law Center

View the original press release on ACCESS Newswire

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