My father was killed by a homeless gunman on a public transit bus. Could the state be sued and if so what for?

Lawsuits And Disputes 5 views 5 answers
My father and the bus driver were killed July 23,1989 by Joseph A Besaraba in Brevard County, Hollywood, Florida. The suspect fled but was apprehended. The State of Florida had passed certain gun laws but they were not being enforced. Who should be held liable besides the perpetrator. The gun salesman, gun maker ....ect. I don't know. Just speculating. If this kind of case were heard today what would the outcome be?

Attorney Answers

5
Rebecca A. SeibertDivorce / Separation LawyerNorth Charleston, SC ·
Words cannot express how sorry I am that you and your family have suffered the loss of your father so tragically. Because the incident took place in Florida, my suggestion is to re-post it with the location in Florida so that attorneys who are licensed to practice there can see your question. Keep in mind that the statute of limitations for wrongful death may preclude anyone's bringing suit on behalf of your father's estate. I'm not licensed to practice law in Florida, so I can't say for sure, but a Google search seems to suggest that it's two years after the person's death and that there are very limited circumstances under which a person may bring a claim after the statute of limitations has expired. I'm not sure if there are other causes of action that you can pursue or whether or not the statute of limitations is different if your father's estate can file suit under federal law (if federal law would apply). That is why I think you really need to either re-post this with a location in Florida so that Florida attorneys can see it and respond or, in the alternative, you need to consult with a Florida litigation attorney, which most attorneys would be happy to do by phone. You can use the Find a Lawyer feature to find attorneys in that area of Florida, and my guess is that many will offer free phone consultations. I wish you all the best, and again, I am so, so sorry for your loss.
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Timothy Hartner ·
Sorry for your loss. However, I do not believe you have a civil case against anyone other than the person that killed him. Further, there are serious statute of limitation issues.
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James Heiting ·
All of the answers lie in the details. Contact an experienced Florida lawyer right away.
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Peter Munsing ·
You state may have a crime victims compensation act which would pay for funeral, other out of pocket expenses. If your dad was a member of any society, association some give their members life insurance as a benefit--don't overlook those. If they had any loan there may be a payment policy that would cover.
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