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Holding Property Owners Accountable After a Shooting or Stabbing

When you make plans to go clubbing or to hang out at your favorite bar, you never expect the night to end in tragedy. Sadly, the mix of alcohol and rage often leads to a shooting or stabbing. The result is someone ending up in a hospital or worse. In those horrible scenarios, the assailant needs to be held accountable, but they’re not the only ones.

The property owner may also be responsible for what happened for failing to provide adequate security.

If you’ve been the victim of a nightclub or bad assault, or your family is left grieving, you’re entitled to seek a remedy from that property owner. An experienced Lanham negligent security lawyer can provide you with guidance on the best approach to securing a settlement that compensates for any losses and provides a measure of closure.

When Is a Property Owner Liable for a Violent Crime?

If someone is assaulted at a bar or nightclub, the inclination is to blame the person who carried out the assault. What about the property owner or the manager of the club? Can they be held accountable?

A recent night was shattered by a shooting outside a Baltimore bar. Early police reports revealed that the bar’s security was supposed to check patrons for weapons. If those security guards failed in their duty, it can be considered an act of negligence on the part of the club owner who either didn’t hire experienced guards or didn’t provide them with proper training.

The issue of foreseeability also comes into play with these types of incidents. Foreseeability refers to the concept of the owner who should have known that violent crime was likely to occur at their establishment. The mere fact that they hired a security guard in the first place speaks to foreseeability.

It is not that difficult to look up crime statistics in Prince George County or any other Maryland region.

Every business owner should conduct due diligence to keep their patrons safe.

Common Examples of Inadequate Security Measures

A major concern for anyone who operates a business where alcohol is sold is to ensure that they don’t sell to anyone who is underage. Screening IDs probably does more to prevent the bar owner from being cited than to keep patrons safe. That requires focused safety measures. When the owner or management team fails in that responsibility, people get hurt.

These are what inadequate security measures look like:

  • Understaffing: The bigger the crowd, the bigger the security staff. At least, that should be the approach. Typically, there should be one guard present for every 50 to 75 guests. Failing to maintain an appropriate ratio of security guards to patrons may constitute negligence.
  • Lack of Training: Yes, it is important to have the right number of bouncers, doormen, and security guards. However, if that personnel lacks training in resolving conflicts, crowd management, or responsible alcohol service, they could put patrons in danger.

Properly trained staff can also recognize the warning signs of escalating fights between patrons. They should remove troublemakers before they become violent.

  • Excessive Force: There might be incidents where security guards need to utilize force to break up a fight or remove a potentially dangerous patron. What you don’t want is the use of unnecessary or lethal physical violence against unruly patrons. That can escalate matters and get innocent bystanders caught up in the violent acts.
  • Absent Perimeter Patrols: The potential dangers to club and bar patrons aren’t just on the inside of the establishment. A failure to monitor high-risk areas like parking lots, alleyways, or smoking areas can also be an indicator of negligence.
  • Overcrowding: Club owners love a cover charge. In an effort to make the most on any given night, they might deliberately ignore fire-safety occupancy limits. That can lead to trampling hazards or issues with blocking emergency exits.
  • Poor Intoxication Protocols: Everyone who sets out on a night of fun tells themselves they’re going to be responsible. Sadly, when alcohol impacts a person’s judgment, it can lead to excessive drinking. Yes, they are responsible for their actions, but so are bartenders and floor staff.

If they over-serve an obviously inebriated customers, it increases the likelihood of violence or drunk driving.

These are the types of inadequate security measures that your attorney will use to hold a property owner or management team accountable.

Types of Properties Where Violent Crimes Often Occur

A look at crime statistics will reveal that violent acts occur anywhere. These are the types of properties where they occur the most often:

  • Apartment Complexes
  • Parking Garages
  • Convenience Stores
  • Gas Stations
  • Hotels
  • Motels
  • Bars
  • Clubs
  • Restaurants
  • Movie Theaters
  • Music Venues
  • Sports Arenas
  • Grocery Stores
  • Department Stores
  • Parks
  • Playgrounds

What these places all have in common is that they’re owned by someone. Whether that owner directly manages the property or has a designated management company or tenant, they can be held responsible for what happens on the property.

How an Attorney Proves Property Owner Negligence

When a violent act occurs due to a business’s negligence, the property owner will try to deflect responsibility and place the blame on the assailant. While it’s true that the person who committed the crime bears much of the burden, there are circumstances that led to the incident and could have prevented it. That falls squarely on the shoulders of the property owner.

The attorneys at GDH Law are highly experienced in these types of liability cases.

We have helped many families hold business owners accountable for failing to provide proper security. In extreme cases, when a family is left grieving, we might advise filing a wrongful death lawsuit on their behalf.

When we feel a case has merit based on strong evidence, we won’t back down from a fight. We work closely with our clients to create a fair settlement that covers their losses and provides a secure financial future.

If you’ve been injured or lost a loved one in a shooting or stabbing incident, you need to consider all your options for seeking compensation.

Call to set up a free case review today. Let’s talk about how we can help.

 

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