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Insurance Law/Incident at Gas Station


If one was severely beaten by some people at a gas station with Shell's logo, will/should Shell be part of the liability even if they do not run that station?

Hello Liz,

Thank you for the question.  I hope it was not you who was beaten at the station, but my wishes for a speedy recover for whomever the victim was.

First, let me state that I am not an attorney, so I cannot provide legal advice. I am an insurance adjuster and my answer will be from the perspective of an insurance adjuster.

The short answer is Shell is probably not responsible, nor would the station itself be responsible, unless you can prove negligence.  In a civil case, you must prove negligence in order to prevail.  

The negligence could be a lack of security if there have been other beatings, robberies, thefts or other criminal acts on their property or in the immediate neighborhood.  In other words, if they are in a high crime area and took no measures to ensure the public's safety, then you might be able to prove their lack of security was negligent.

The negligence could be a lack of lighting at night to illuminate the parking lot, if that is the case.  In other words, if they failed to take an action that a reasonable person would take under the same or similar circumstances, then that could be considered negligence.

There are a lot of variables at work here, so without the specifics, it is difficult to provide a definitive answer.  Did the attack occur during the day, or was it at night?  Was the attacker arrested?  If so, has he gone to court and what was the disposition.  It is possible the District Attorney may require him or her to pay restitution to you.  I would contact the D.A. to request that restitution be ordered.

However, IF I was suing someone for my injuries and loss, personally, I would sue everyone in sight and see who pays.  I was given that advice by an old attorney many years ago.  Sue everyone and see where the dust settles.  Again, I cannot give you legal advice, but if it were me, I would probably sue both Shell and the station owner and let them get themselves off the hook.

Have you spoken to an attorney?  If not, I would do that first thing.  Most attorneys will take a case like this on a contingency basis and the first consultation with the attorney is usually free.  Your only up-front expense would probably be the filing fees to file suit if the attorney files suit.  Most attorneys will tell you whether or not you have a good case and will not waste their time if it is not a good case.

I hope this information has helped you.  Good luck in your case, and again I wish a speedy recovery to the injured party.  Stay safe!

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David W Cofer


I am qualified to answer questions regarding most Insurance issues. I am extremely knowledgeable in coverage and liability issues, subrogation, and dispute resolution. I am a licensed Property & Casualty Adjuster in Texas with over 30 years of experience in the insurance industry. I am a volunteer panel member at Arbitration Forums, a dispute resolution organization designed to resolve liability disputes between caarriers. If you have a question about your insurance policy, coverage, or feel your claim has been unjustly denied, feel free to ask my professional opinion about the matter. I am not able to answer questions regarding Health or Life insurance issues.


I have worked in the insurance industry for over 30 years. I specialize in Automobile and Property insurance, especially related to coverage and liability issues. I am a volunteer panel member at Arbitration Forums where I hear insurance disputes and render decisions regarding liability disputes among insurance carriers.

North Texas Subrogation Association; Arbitration Forums

I have about a dozen articles publised in the Subrogator Magazine as well as articles published in Venture, Entrepreneur, Fire Engineering, Security Management, and Collector Magazine.

B.A. degree, University of Texas, Arlington, Psychology. Leonard's Insurance Adjusting School. Hundreds of hours of Continuing Education for my Adjuster's License.

Awards and Honors
I received the Arbitrator of the Year Award twice

Past/Present Clients
Numerous insurance companies in the USA.

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