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 call?
- 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.
Evaluating Crime Foreseeability and Inadequate Security Cases.
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