Do nightclubs have premises liability for mass shootings?
Nightclub Security Liability Elements:
- A duty to make the nightclub reasonably safe.
- Knowledge that crime was reasonably foreseeable.
- Security was inadequate, under the circumstances.
- Injury occurred due to negligence and breach of duty.
- Interview with Business Insurance magazine.
Reporter Rob Lenihan.
Podcast Time Stamps:[01:15] — Already talk of lawsuits about Orlando nightclub security liability. [01:35] — Aurora, CO mass shooter civil trial has returned a defense verdict. [03:35] — Interview with Business Insurance magazine and Rob Lenihan. [04:20] — Non-lawyer definition of the elements of nightclub security liability. [05:58] — What legal basis for premises liability at Pulse Nightclub in Orlando. [07:15] — Nightclub security liability seeks reasonable standard of care. [08:10] — A reasonable nightclub security plan is based on a risk assessment. [09:40] — Adequate security is based on a comprehensive security plan. [10:25] — Reasonableness test for adequacy is based on a standard of care. [11:15] — Negligent nightclub operators fail to provide adequate security. [12:15] — Successful lawsuits identify a correlation to negligent operations. [14:00] — There is a step by step process how to assess and respond to risk. [15:45] — Mass shooters seek maximum publicity from the media. [17:30] — How to stop shootings: Gun control; Anti-terrorism; FBI watch-list. [18:30] — I predict civil litigation will argue Orlando nightclub security liability.
Nightclub Security Liability Checklist
- Did a club evaluate the nature of the nightclub venue.
- Did a club analyze the prior crime history and police calls.
- Did a club evaluate the location, traffic, and demographics.
- Did a club consider the relative risk assessment based on evaluation.
- Did a club develop a comprehensive security plan based on risk.
- Did a club comply with laws, regulations, and standards
- Did a club partner and cooperate with law enforcement.
- Did a club hire, train, and supervise adequate personnel.
- Did a club modify the nature of premises as conditions required.
Learn More about Premises Liability Litigation
Download the book written by Crime School host Chris McGoey.
- Security Expert’s Guide to Premises Liability Litigation.
- Evaluating Crime Foreseeability and Inadequate Security Cases.
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