Do nightclubs have premises liability for mass shootings?
Nightclub Security Liability Elements:
- A legal duty to make the nightclub reasonably safe.
- The knowledge that violent crime was reasonably foreseeable.
- Security was not reasonable or adequate, under the circumstances.
- The injury was caused by 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 a 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 on 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 criminal history and police call?
- Did a club evaluate the location, traffic, and demographics?
- Did a club consider the relative crime 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 fully cooperate with law enforcement?
- Did a club hire, train, and supervise adequate personnel?
- Did a club modify the nature of premises as conditions required?
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