Nightclub Shootings and Negligent Security

On June 12, 2016, 29-year-old Omar Mateen killed 49 patrons and employees, as well as injured 53 more in the second deadliest mass shooting in American history. The carnage left behind at the Orlando, Florida nightclub called Pulse shocked a nation and prompted a renewed attempt at the state and federal levels to pass gun control legislation. Although the magnitude of the mass shooting received all of the attention at the time it occurred, the Pulse nightclub shooting underscores the fact that nightclub shootings have become a much more common event over the past 20 years.

When you visit a public venue such as a nightclub, you expect the business to protect you from harm. In fact, like virtually every type of public venue, nightclubs have a duty of care to protect both customers and employees from the ravages of gun violence. When a nightclub breaches its duty of care to protect customers and employees, then the business might have committed an act of negligence that can initiate a civil lawsuit that seeks monetary damages.

If you sustained one or more injuries as a result of a nightclub shooting, contact a premises liability to conduct a review of your case. Negligent security represents a practice under the broad category called premises liability law. Public venues like bars, arenas, nightclubs, and restaurants have a duty of care to prevent gun violence from harming vendors, customers, and employees. An experienced premises liability lawyer can help you recover the financial losses that are associated with a nightclub shooting. In addition to recovering the financial losses generated by physical injuries, you also might have a strong enough case to sue for non-economic damages such as pain and suffering

For more than 30 years, the highly-rated team of personal injury attorneys at Morgan and Morgan has helped clients recover the financial losses that were produced by a premises liability incident. Since 2010, the rate of nightclub shootings has increased significantly, which means our experienced team of litigators has spent more time representing clients that fell victim to gun violence. Since we opened our first office in 1988, Morgan and Morgan has recovered more than $14 billion in monetary damages for our clients.

Schedule a free case evaluation with one of the premises liability attorneys at Morgan and Morgan to recover the financial losses caused by a nightclub shooting.

What Are the Common Causes of Negligent Security at a Nightclub?

Nightclubs represent one of the most devoted venues to providing the utmost security for vendors, customers, and employees. However, some nightclub operators do not take security seriously and/or refuse to spend the money required to provide the best security protections available in the industry.

One of the most common causes of negligent security at a nightclub involves the lack of staff. Nightclubs, especially large, bustling venues, need to place security personnel in several different locations throughout a shift. Security employees need to be at the front door checking ID cards to prevent underage drinking and using metal detectors to prevent firearms from entering the premises. Nightclubs also should place security personnel at strategically important points of the building, such as around a dance floor and at both ends of a bar. Security personnel also should be located outside the venue to detect any suspicious activity.

Another sign of negligent security is the lack of training. A nightclub can hire the right number of security personnel and still have to deal with flaws in the security plan because some or most of the security staff lack the training necessary to do their jobs properly. Many nightclubs require the completion of extensive training programs that often involve the support of a local law enforcement agency. Failing to install enough security cameras and not adequately maintaining the cameras represents a common type of negligent security at a nightclub as well.

What Is the Relationship Between Foresight and Negligent Security?

Foresight plays an important role in negligent security cases. Before nightclub shootings became a much more common event, owners and operators of the public venues typically did not face legal action because law enforcement agencies considered the crimes to be rare events. However, the rapid increase in the number and severe magnitude of nightclub shootings has changed the way the judicial system views legal liability when it comes to foresight.

Now, most courts hold nightclub owners and operators legally liable for not preparing properly for the prevention of nightclub shootings

Other issues of foresight play a role in negligent security. Recent security breaches located on or near a nightclub indicate the potential for one or more future criminal events. Previously reported incidents of suspicious activity, such as the presence of gang members outside a nightclub’s property, should motivate the owner or operator to take steps to bolster security. Any time law enforcement gets involved in a nightclub incident represents another warning sign that should trigger the foresight to take preventive measures to prevent future events. Finally, crime statistics from the surrounding neighborhood also should provide a clearer picture of what to expect in terms of implementing the right security measures.

What Should I Do After a Nightclub Shooting?

It can be extremely difficult to slow the brain down enough to take the rational steps needed to file a negligent security claim. Therefore, the first item on your to-do list after a nightclub shooting involves taking a deep breath and calming yourself down enough to follow several helpful additional steps.

Call 911

Do not assume that one or more people will call 911 after a violent event such as a nightclub shooting. Maybe the security team member responsible for contacting law enforcement got hit with a round. Find a secure location and then call 911 for emergency assistance. The team of law enforcement investigators that arrive at the scene of the crime eventually submit a copy of the formal investigation report to your premises liability lawyer.

Tend to Any Injuries

The devastating injuries caused by a firearm are just one type of physical damage that you might suffer because of a nightclub shooting. During the panic that ensues after the first round is fired, you might have sustained serious injuries that were caused by customers and employees fleeing the venue. Even if you do not feel injured, you should seek medical care to determine whether you sustained any delayed physical symptoms and/or suffer from some form of emotional trauma.

Contact a Premises Liability Attorney From Morgan and Morgan

Most of the focus displayed by law enforcement will be on filing criminal charges against the perpetrator or perpetrators of the nightclub shooting. Do not allow the criminal investigation to distract you from getting the justice you deserve financially because of negligent security. Contact one of the state-licensed premises liability lawyers at Morgan and Morgan to determine how to proceed with your case. Your legal counselor might suggest filing a civil lawsuit that seeks monetary damages or attempting to negotiate a favorable settlement to avoid the costly and time-consuming litigation process.

How Much Time Do I Have to File a Negligent Security Lawsuit?

Since premises liability law falls under the broader personal injury practice, the statute of limitations for filing a negligent security lawsuit is the same as the deadline established by your state for personal injury cases. Most states have set a statute of limitations between two and four years. However, some states go as low as one year and as high as six years. Hiring a premises liability attorney ensures you file a civil lawsuit before the expiration of the statute of limitations that is established by your state.

Although you have plenty of time to initiate legal action because of a nightclub shooting, you should act with a sense of urgency and file a civil lawsuit as soon as possible after a gun violence incident. The faster you move, the less time it takes for you to receive the compensation that you deserve. Your attorney also wants to move quickly, yet efficiently, to receive the accounts presented by witnesses. Witness statements tend to lose credibility the longer that statements are made after a crime has been committed. If for some reason you do not meet the deadline for filing a negligent security lawsuit, you can expect the court clerk processing the lawsuit to dismiss it.

What Are the Four Elements of Negligence?

To file a civil lawsuit that seeks monetary damages, the premises liability attorney that you work with from Morgan and Morgan must prove the presence of the four elements of negligence.

Duty of Care

The duty of care doctrine assigns the legal liability for your safety to the owner and operator of a business. For example, a nightclub has the duty of care to protect you against acts of violence like an assault or a mass shooting. Proving the nightclub where the shooting took place had a duty of care to protect you is the easiest element of negligence to prove.

Breaching the Duty of Care Doctrine

Breaching the duty of care doctrine means the nightclub owner or operator of the nightclub failed to protect you and other customers from getting injured because of a shooting. Nightclub owners and operators can violate the duty of care doctrine in several ways, including not installing enough security cameras and failing to train employees adequately, One or more employees also can breach the duty of care doctrine by failing to detect suspicious behavior and/or leaving a security door unlocked.

Incident Caused Your Injuries

Your premises liability attorney from Morgan and Morgan must link the nightclub shooting with the injuries you sustained. This can be an easy element to prove for physical injuries like a bullet wound on the thigh or a fractured rib caused by a trampling incident. However, proving a nightclub shooting caused emotional distress is much more difficult to do. You can expect to present a statement written by a certified psychologist that verifies the extent of your mental and emotional anguish.

Injuries Produced Financial Losses

To receive a favorable judgment issued by a civil court judge, you must demonstrate your injuries caused you to lose money. Copies of properly dated medical bills and records should establish the connection you need to prove your injuries generated financial losses. A statement presented by your healthcare provider should estimate your prognosis for making a full or partial recovery. As with most other types of personal injury cases, you are eligible to receive compensation for future medical expenses.

Schedule a free case evaluation today with one of the premises liability attorneys at Morgan and Morgan.