Mass Nightclub Shooting

Mass shootings at nightclubs and similar venues are becoming all too frequent occurrences. Victims and their families, and society at large, may look for explanations about these senseless acts of violence. One of the questions often raised is what, if anything, could have been done to prevent a shooting. Although it is practically impossible to predict when and where a mass shooting will happen, the unprecedented rise in these types of events has altered the legal landscape. The fact that mass shootings now occur with regularity means that night clubs can—and should—anticipate their possibility. 

Nothing can excuse the actions of a shooter who opens fire on an innocent crowd. But as mass shootings become common events in our society, business owners may also not have an excuse when a shooting occurs on their property. As night club owners come to accept this reality, many are buying active-shooter insurance that covers shooting injuries and deaths. Whether they have coverage or not, night clubs may be held liable for negligence in connection with a mass shooting. 

Mass shooting victims and survivors can be left with a wide range of physical and emotional wounds, and it is perfectly reasonable for them to seek compensation for their losses. If you or somebody close to you was affected by a nightclub shooting, Morgan & Morgan can help you explore your legal options during a free consultation. 

Negligent Security and the Issue of Foreseeability 

Negligent security is a subset of premises liability. Property owners owe legal duties to the people who visit their property, including providing adequate security when crime and acts of violence are reasonably foreseeable. 

Foreseeability is a legal concept that deals with the predictability of certain outcomes. In the context of criminal actions, foreseeability includes factors such as:

• Recent security breaches on or near the property
• Previous incidents of suspicious activity on the property
• Police alerts issued for specific types of crimes in the area
• General crime trends

In the past, property owners typically were not found liable for mass shootings because such events were quite rare and therefore, not foreseeable. But as the American Bar Association explains, the rise in mass shootings is changing the way courts view the subject. While there is not a broad consensus, and imposing liability on business owners for the actions of shooters is still challenging for victims, there are signs of a shift. 

Simply put, the frequency of mass shooting incidents has made them more foreseeable. A mass shooting occurs almost every day in the United States. Most shootings occur at schools and private businesses. For business owners, it is increasingly difficult to argue that a shooting could not have been foreseen. An example of this sea change can be seen in the legal aftermath of the 2017 Las Vegas Mandalay Bay shooting. MGM Resorts International agreed to pay up to $800 million to settle thousands of liability claims stemming from the shooting. 

The Pulse Nightclub Shooting and Negligence

The Pulse nightclub shooting in Orlando was at the time the deadliest mass shooting in U.S. history. In 2016, a shooter entered the nightclub armed with a 9mm Glock 17 handgun and a SIG Sauer MCX semi-automatic rifle and opened fire on patrons. Forty-nine people were killed and dozens more were injured. 

A group of 39 survivors and family members sued the owners of the Pulse nightclub, claiming they did not provide adequate security. The lawsuit, which continues to make its way through the courts, alleges a number of different negligence claims, including negligent hiring, negligent training, negligent supervision, and negligent infliction of emotional distress. It seeks victim compensation for the following: 

• Medial and hospital expenses 
• Pain and suffering
• Permanent and temporary disability
• Mental anguish
• Loss of the capacity to enjoy life
• Loss of earnings and earning capacity
• Loss of bodily function

The lawsuit raises the question of how the shooter was able to enter the nightclub bearing weapons that went unnoticed by security. The semi-automatic rifle used in the shooting had a 16-inch barrel. 

“The bulky and obviously noticeable weapons that [the] shooter entered to Pulse, through the main entrance, could have and should have been easily discovered by bouncers if bouncers had done a basic superficial security search on [the] shooter,” the lawsuit states. “With adequate security measures in place, the Pulse shooting could have been prevented.”

More Businesses Carrying “Mass Shooter” Insurance

Most general liability insurance policies don’t cover mass shootings. In response to the rise in mass shootings, more businesses are carrying a special type of insurance known as “active assailant” insurance or “active shooter” insurance. 

According to Reuters, client inquiries for active shooter policies rose 50% from 2020 to 2021. Rates have also increased dramatically, reflecting the very real liability risk that mass shootings present. These plans, which provide coverage of $1 million up to $75 million, can cover medical costs, counseling services, disability, funeral expenses, death benefits, and more after a shooting takes place at an insured business. 

While it can be a plus for victims that insurance coverage is available to cover their physical injuries and mental anguish, taking on a big insurance company presents its own issues. Mass shooting victims shouldn’t necessarily expect sympathy from an insurance company. They might need to fight for what they’re owed.