Shot & Injured on Someone Else's Property? | Florida Premises Liability Lawyers

Can Property Owners Be Liable?Florida Shootings and Premises Liability

Shootings can happen anywhere, including shopping centers, bars, gas stations, and school campuses.

Florida currently ranks third in the United States for the number of mass shootings but shootings usually involve just one or two victims. While the shooter is certainly responsible for the attack, property owners and managers may have some legal liability if they failed to provide adequate security for patrons, visitors, and guests.

When a shooting occurs, it’s common for a lawsuit to follow, usually against the owner of the property or even a security company or event organizer. This is because property owners owe a duty of care under Florida law. If you or someone you love has been the victim of a shooting on someone else’s property, you may have a claim against the property owner if they were negligent in protecting guests and customers and had reason to foresee the potential for a shooting.

Contact our Crime Victim Lawyers today!

How Do You Determine If a Crime Was Foreseeable?

Determining whether a crime was foreseeable depends on many factors, including:

If similar crimes have happened at the property or similar types of property
The crime rate in the area
If the shooter was a known potential threat

Common Places for Florida Shootings

While shootings can happen anywhere, common places for shootings where you might be able to sue the premises owner include:

Who Can Sue in Shooting Death Lawsuits?

Not everybody can recover damages after losing a loved one in a shooting in Florida. Usually, only the following people can sue in a shooting death lawsuit:

Spouse
Children under 25
Children over 25 if there is no surviving spouse
Parents if there are no other survivors
Financially dependent blood relatives if the dependence was quite significant (as in the case of somebody with a total disability)

How Premises Liability Works in Florida

Premises liability is an area of law in Florida that allows property owners and managers to be held responsible for injuries and crimes like shootings that occur on their property due to unsafe conditions or negligent security.

Under Florida law, property owners owe a duty of care to residents, guests, and customers to maintain a safe property free of hazards and conditions that encourage or allow crime to occur.

This duty of care is limited, however. Property owners aren’t required to warn visitors about obvious hazards nor are they expected to protect guests and customers from unforeseeable risks that require unreasonable protection. For example, a property owner can’t be expected to predict an earthquake, nor can they foresee and plan for all types of crime.

When certain elements are met, however, property owners can be liable for a shooting that occurs on their property.

Can a Property Owner Be Responsible for a Shooting in Florida?

Premises liability cases are notoriously difficult but there are cases in which a property owner can be legally liable for a shooting by a third party on the property. In most cases, these claims involve negligent security.

Proving a premises liability case involving a shooting requires proving:

The premises owner owed a duty of care to the victim. Trespassers are owed the least duty of care while customers are owed the highest duty.
The duty of care was breached. In the case of a shooting, this usually means the owner did not provide adequate security and should have foreseen that a shooting or violent crime could occur.
The breach of duty led to the injury.
The victim suffered damages in the shooting.

We Stand Up For Our Shooting Victim Clients

We’ll fight to get the compensation you deserve. We’ve recovered millions for our clients who have been injured in a Florida shooting:

$1 MILLION - Shooting at a Restaurant
$500,000 - Premises Liability (Shooting)
$1 MILLION - Commercial Property Premises Liability
$5.55M - Wrongful Death Negligent Security Shooting at an Apartment Complex
$2.95M - Wrongful Death Negligent Security Shooting at an Apartment Complex
$1M - Personal Injury Negligent Security Shooting at an Apartment Complex
$1M - Personal Injury Negligent Security Shooting at an Apartment Complex
$500K - Personal Injury Negligent Security Shooting at an Apartment Complex
$300K - Personal Injury Negligent Security Shooting at an Apartment Complex

Contact Florida Crime Victim Lawyer Brandon Stein for a complimentary case review

Attorney Brandon Stein provides aggressive and personalized legal representation to victims who have been hurt in a shooting on someone else’s property. Attorney Stein returns the client’s phone calls and emails quickly and you will be updated as the case progresses.

There are no legal fees in a contingency fee case unless your case is favorably resolved by settlement or verdict.

Attorney Stein represents clients in virtually all personal injury cases and offers a complimentary case review to discuss your options. To schedule your free in-person or phone consultation, call Florida Attorney Brandon Stein at 800-762-2020.

Security Guard Negligence Cases

In some cases, it is possible to file a lawsuit against a security company. If a security guard failed to provide adequate protection to prevent a shooting, the security company might be responsible in certain circumstances, like if the company:

Failed to do proper background and criminal checks before hiring employees
Failed to train employees properly
Failed to fire an employee who was a known security risk

Does Negligent Security Apply to Public Property?

If you or someone you love is shot on any property other than your own, that property’s owner may be held responsible for providing negligent security. It doesn’t matter whether the property is privately or publicly owned.

Different rules do apply for shootings on public property compared to private property. You may need to file a notice to the government within a specific timeframe – as little as 90 days in some cases. An experienced lawyer can help walk you through all the steps.

Common Types of Negligent Security

To sue a premises owner, you need to prove that they provided negligent security. Common types of negligent security include:

Lack of locks
Blocked emergency exits
Missing or broken cameras
Untrained security guards
Poor lighting
Broken fencing
Insufficient staff
Unlocked gates

Did the Property Owner Owe a Duty of Care?

Under Florida law, there are three classifications for victims in a premises liability case. Customers and invitees are given the highest duty of care. People who are allowed on the property for their own convenience or purposes — such as a solicitor — are owed a lower duty of care. Trespassers are owed little duty of care.

If you were hurt in a shooting at someone else’s property, the property owner owed you a duty of care if you were there as a customer, tenant, or invited guest. You would also be owed some duty of care if you were there for another purpose such as delivering a package or just to make change at the register.

Did the Property Owner Breach Their Duty of Care?

After establishing that the property owner had a duty of care to the victim, the next step is more complicated: proving that the property owner’s negligence or recklessness led to a breach in their duty of care.

Property owners aren’t responsible for all crimes that occur on their property. A property owner in Florida isn’t responsible for protecting visitors, guests, or tenants from all actions by third parties but a duty exists when a criminal act like a shooting is foreseeable and can be prevented with security measures.

Showing that the property owner should have foreseen that a shooting or other violent crime could occur on the property and failed to take reasonable security measures can be a challenge. For example, after the Cinemark theater shooting in Aurora, a premises liability lawsuit failed as the jury could not consider the shooting foreseeable because it had never happened before. The same reasoning can apply with other high-profile shootings, but as mass shootings become more common, juries will be less likely to view a shooting as unforeseeable — even if the likelihood of a shooting remains very low.

Property owners can be held liable for not only failing to take adequate security measures to stop a shooting but also in how they respond to the shooting to reduce the number of victims.

Many factors can be considered to determine if a shooting should have been foreseeable such as:

The crime rate in the area
A history of crime on the premises
High-profile shootings at similar properties
Known issues with the shooter at the property
Whether security personnel noted anything suspicious
Whether the property had security measures in place such as metal detectors, security guards, and sufficient exits

As an example, consider the tragic Orlando Pulse shooting. Could security guards or bodyguards performing pat downs have detected the weapons the shooter used? Would it have been reasonable for metal detectors to be implemented at the entrance? Would these measures have been reasonable for a nightclub owner to implement? Do nightclub owners in the future have reason to foresee a potential shooting and use adequate security measures?

After showing that the property owner owed the victim a duty of care and breached this duty, the next hurdle is showing that the property owner’s negligence had a cause-and-effect relationship with the shooting.

Why You Need a Lawyer Who Specializes in Florida Shootings and Premises Liability

Premises liability lawsuits are difficult to prove. You need a lawyer with extensive knowledge and experience for the best chance of winning your case. The crime victim right’s lawyer must prove that the premises owner provided negligent security to protect against foreseeable crime.

Examples of negligent security can include things like:

lack of locks
poor lighting
unlocked gates
insufficient staff

If we look at the Orlando Pulse Club shooting, perhaps metal detectors or more thorough pat-downs could have prevented the gunman from entering the club with an AK-47, consequently killing 49 people and injuring 53 others.

When you hire a lawyer, they do the research for you to determine whether the shooting was foreseeable and whether the premises owner provided negligent security.

WHAT LEGAL REPRESENTATION CAN DO FOR YOU IN A Shooting CASE

You can focus on recovering from your injury or loss. While hiring a lawyer and suing a premises owner may seem like a long shot, the potential payoff is typically worth the hassle since we can help you with your case and getting you the compensation you deserve:

Gather records
Talk to witnesses or employees
Potentially consult their network of experts regarding the security of the premises
Advocate for you in court
Handle settlement negotiations
Loss of income
Medical bills
Post-traumatic stress disorder or emotional distress
Disabling permanent injuries
Withdrawal and social isolation

Money cannot bring back a loved one or the life you knew before you were shot, but it can help reduce some of the stress brought on by the shooting.

Schedule a Consultation with a Florida Crime Victim Lawyer

If you or someone you love has been hurt in a shooting on someone else’s property, you may have a case against the property owner for negligent security or premises liability. These cases are very complicated and require proving several components of your case. An experienced premises liability lawyer in Florida can help you investigate the shooting, including police reports, crime rates, and security measures, to establish liability.

If your loved one was lost or injured due to the negligence of a property owner, its important explore your legal options for a premises liability case. We know that it’s impossible to assign a dollar value to a human life, but we also recognize that compensation can make a difficult situation much easier to manage. Contact Florida Premises Liability lawyers at SteinLaw for a free consultation in Florida. Lawyer Stein offers a free case review, which you can schedule by calling 800-762-2020 or click here to text 844-783-4699.

Brandon Stein

Chief Executive Officer

Brandon Stein, the owner and founder of SteinLaw, is a Florida-based trial lawyer who focuses on personal injury cases such as wrongful death, car accident, slip and fall, and a variety of other civil litigation areas. Being a former associate at a prominent Florida Defense Law Firm, Brandon Stein understands the strategy and tactics…[READ BIO]

Negligent Security [Shooting Cases] FAQs

What needs to be proven in a premises liability shooting case?

While it is difficult to prove that a property owner is legally liable for a shooting on their property by a third party, it is possible, especially if negligent security was a factor.

To talk to a lawyer about whether you can prove these things in your case, contact SteinLaw today.

In a premises liability shooting case in Florida, you must prove:

The premises owner owed a duty of care to the victim.
The duty of care was breached, which usually means the owner should have foreseen that a violent crime (like a shooting) could occur, and they did not provide enough security.
That breach of duty caused the injury or death.
The victim suffered damages in the shooting.

What is negligent security?

Negligent security is a type of premises liability where somebody injured by a third party tries to hold the property owner responsible for a criminal injury. To pursue a negligent security case, you must be able to prove that a property owner failed to provide a duty of care, which resulted in a shooting, robbery, rape, or assault.

To find out whether you can hold a property owner responsible for negligent security in your case, contact SteinLaw today.

Negligent security could include things like:

Inadequate or missing security systems
Missing emergency call stations
Inadequate or faulty outdoor lighting
Faulty doors or gates
Inadequate or faulty lighting in entrances or hallways
Missing or broken locks
No security cameras
Inaccessible emergency exits
Defective alarms
No on-site security (when needed)

Why sue the property owner if they did not commit the crime?

It is difficult, if not impossible, to sue the person who committed the crime. Even if they are caught, they often have little to no assets, insurance, or money, so it would be pointless to sue them. Since it is so difficult to get money from a criminal, it is natural to sue somebody who might also be responsible for the crime.

Property owners have a responsibility to ensure people are safe on their property. If they fail in that duty, they should be held responsible. Property owners also usually carry insurance coverage that can pay out in the case of a lawsuit if it is proven they provided negligent security.

If you want more information about whether you can hold a property owner responsible in your case, contact SteinLaw today for a free consultation.

Who can be held accountable in a negligent security shooting case?

The property owner or business owner where the shooting occurred may be held accountable in a negligent security case if certain conditions are met. It is not always possible to hold the property owner accountable.

To find out more about whether you can hold a property owner accountable in your case, contact SteinLaw today.

You must be able to prove many things to hold a premises owner accountable, including:

The premises owner owed a duty of care to the victim. Customers are owed the highest duty of care, while trespassers are owed the least duty of care.
The premises owner failed to provide that duty of care, usually because of negligent security.
The breach of duty led to the victim's injury or death.
The victim suffered damages due to the shooting.

Can you sue a security company?

Yes, in some cases, you may be able to sue a security company. You must be able to prove that the company provided negligent security.

If you think a security company failed to protect you or your loved one, contact SteinLaw today for a free consultation.

A few examples of negligent security include:

Hiring employees without doing thorough background and criminal checks first
Failing to train an employee properly
Keeping an employee who is a known safety risk

In addition to proving that the company provided negligent security, you must be able to prove that:

The company was responsible for keeping the victim safe
Providing negligent security led to the victim's injury or death
The victim suffered damages from the shooting

How to sue a security company?

If you feel that a security company is responsible for failing to protect you from a shooting, contact us today for a free consultation to find out how to sue the company. To sue a security company, you must be able to prove a few things:

The security company owed the victim a duty of care to keep them safe
The security company failed in that duty
That breach of duty was responsible for the victim’s injury or death
The victim suffered damages as a result of the shooting

You must be able to prove that the company provided negligent security, usually as a result of things like:

Not training employees properly
Not doing proper background and criminal checks before hiring employees
Not firing employees who are known safety risks

What is duty of care?

Duty of care is a requirement that a person (such as a property owner or security company) act toward the public with the watchfulness, caution, attention, and prudence that a reasonable person in the circumstances would use. If somebody’s actions don’t meet this standard of care, the acts are considered negligent, and resulting damages may be claimed in a lawsuit for negligence.

Property owners have different levels of duty of care. They have the highest duty of care for guests or customers on their property and the lowest duty of care for trespassers.

Did a property owner fail their duty of care to protect you or your loved one? Contact SteinLaw today for a free consultation.

What factors should be considered to determine if a shooting should have been foreseeable?

There are many factors to consider when determining if a shooting should have been foreseeable.

If you or a loved one was the victim of a shooting that you think should have been foreseeable, contact SteinLaw today.

A few examples include:

A history of violent crime on the premises
The overall crime rate for the surrounding area
Known issues at the property with the shooter
High-profile shootings at similar properties (such as the Orlando Pulse Club shooting)
If security personnel noticed any suspicious behavior
Whether the property had safety measures in place like security guards, metal detectors, and proper exits

What is the value of a shooting premises liability case?

Many different factors influence the value of a shooting premises liability case, especially:

How much insurance coverage does the person or business have? Most policies max out at $1-2 million dollars, which would be the case's maximum value.
What is your level of closeness with the person who died in the shooting? If your spouse was the primary earner in your household, you may be entitled to more money than an adult child who is estranged from their parent.
The degree of negligence. The more effort the premises put into providing security, the lower the value of the liability case.
The level of similar crimes in the area. Premises in areas of high crime have a higher responsibility for protecting people than those in low-crime areas.

Do I have a case if I was shot in a parking lot?

You may have a case if you were shot in a parking lot. A property owner’s duty of care extends to the parking lot of their premises.

Each case varies depending on various factors, including the ability to prove that the premises owner provided negligent security. To discuss whether you have a case, contact SteinLaw today.

To have a case, you must be able to prove:

The property owner had a duty of care to keep you safe in the parking lot
The premises owner failed that duty
Failing that duty of care led to your shooting
You suffered damages as a result of your shooting

What should I do if I was shot in a storage facility?

If you were shot in a storage facility, contact SteinLaw to determine whether you may have a case against the premises owner. Generally, you will need to show that the storage facility provided negligent security. You will need to prove that:

The storage facility had a duty of care to keep you safe on their premises
The storage facility failed that duty
That failure of duty led to your shooting
You suffered damages as a result of the shooting

You may have a case if there was a lack of proper lighting, missing or malfunctioning cameras, broken fences, or other factors that led to negligent security.

What should I do if I was shot outside a bar?

If you were shot outside a bar, you may be able to sue the bar or property owner. To find out whether you have a case, contact SteinLaw today. You must be able to show that the bar provided negligent security and that:

The bar had a duty of care to ensure you were safe in the parking lot
They failed to provide a proper duty of care
That failure to provide a duty of care led to your shooting
You suffered damages as a result of the shooting

Every case is different. A free consultation with a SteinLaw lawyer can help you determine whether you have a case.

What should I do if I was shot in a laundromat?

Contact SteinLaw today if you were shot in a laundromat. You may be able to sue the premises owner to compensate you for your damages related to the shooting. You must be able to prove that the laundromat provided negligent security through things like a lack of locks, missing cameras, or something similar.

You must also show that:

The laundromat premises owner had a duty of care to make sure you were safe
They failed to provide that duty of care
That failure to provide a duty of care led to your shooting
You suffered damages as a result of the shooting

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