In cases where threats are made or weapons are visible, contacting law enforcement promptly is critical and required.
On New Year’s Eve, a heartbreaking tragedy unfolded at about 11:45 p.m. at the Phat Pheasant Pub on Hwy. 60 in Windom, Minnesota. A man, who had been removed from the bar multiple times for making threats, returned and fatally stabbed a patron, Benjamin Matter, while stabbing and injuring two others. This horrific incident serves as a painful reminder of the duty bars and other establishments have to ensure the safety of their patrons.
What Happened at the Phat Pheasant Pub
According to reports, the attacker, who had been behaving aggressively and making threats, including threats to shoot both patrons and a staff member, was initially removed from the bar by staff and patrons. Despite these actions, he returned multiple times—eventually armed with a knife and later using it to commit the deadly attack. Tragically, Matter, a father of two, lost his life while trying to protect others.
The attacker, with the official name on his driver’s licence listed as “No Name Given Happy”, reportedly was a semi-truck driver from San Diego, California. Mr. Happy was charged in Cottonwood District Court with second-degree murder, second-degree assault and threats of violence.
The events of that evening raise serious questions about the steps taken to manage the escalating danger and prevent such a devastating outcome.
Understanding the Duty of Care
In Minnesota, establishments that serve alcohol are legally obligated to ensure the safety of their customers. This responsibility includes preventing foreseeable harm by managing the behavior of patrons, especially those exhibiting aggressive or threatening conduct. Failure to uphold this duty can result in the establishment being held liable for any injuries or fatalities that occur as a result.
A bar can be held liable for injuries to a patron if it fails to act against an escalating threat:
- Foreseeable Harm: Business owners have a duty to protect patrons from foreseeable harm, including criminal acts of third parties.
- Reasonable security: Bars are expected to provide reasonable security measures, but they are not responsible for preventing every incident.
- Dangerous situations: Bars can be held responsible for criminal acts of patrons if they fail to react to a dangerous situation that escalates. In Minnesota, a plaintiff must show the following to prevail on an innkeeper liability claim:
- The innkeeper knew about the offending party’s dangerous propensities
- The innkeeper had an adequate opportunity to protect the patron
The events at the Phat Pheasant Pub are a reminder of the importance of ensuring public safety in places where people gather to relax and celebrate.
Implications for Establishments
Under Minnesota law, bars and other establishments must take reasonable steps to prevent or address dangerous behavior on their premises. While no one can predict every act of violence, there are measures that businesses can and should take to reduce risks:
- Monitor Patron Behavior: Vigilantly observe customers for signs of aggression or intoxication.
- Enforce Entry Restrictions: Ensure that individuals who have been removed for disruptive behavior are not allowed to re-enter.
- Train Staff Adequately: Provide comprehensive training to staff on handling difficult situations and recognizing when to refuse service.
- Immediate Reporting: In cases where threats are made or weapons are visible, contacting law enforcement promptly is critical.
Injury and Wrongful Death Claims
In cases like this, it’s crucial to evaluate whether the bar’s actions met the standard of care required by Minnesota premises liability law. This legal framework holds property owners accountable if negligence contributes to harm on their property.
If you have questions about a potential Injury or wrongful death claim, please contact us. Our team is ready to provide an independent investigation and help you seek justice during this difficult time.
Contact Our Legal Team Today
The Pritzker Hageman law firm and our attorneys have been recognized in:
U.S. News & World Report
Pritzker Hageman has been recognized as one of the best law firms for personal injury litigation by U.S. News & World Report every year the award has been given since 2012.
Super Lawyers®, Thomson Reuters
Attorneys at Pritzker Hageman have been awarded the peer selected Super Lawyers distinction every year since 2004.
America’s Top 100 Attorneys®
Lifetime Achievement selection to America’s Top 100 Attorneys®.
Three Time Attorneys of the Year
Pritzker Hageman lawyers have been named Attorneys Of The Year by Minnesota Lawyer three times.