Description
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.
Nightclub Security with Highly-Visible Bouncers
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.
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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?
Learn More about Premises Liability Litigation
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Security Expert’s Guide to Premises Liability Litigation
Evaluating Crime Foreseeability and Inadequate Security Cases
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