Managing Partner
Bar shootings are tragic events that often lead to serious injuries or loss of life. After such an incident, victims and their families are left seeking justice and compensation for their suffering. While the shooter is the most obvious person responsible, other parties may also share liability depending on the circumstances. Establishing liability is crucial for holding the appropriate parties accountable and securing compensation for the victims.
This blog from attorney Joshua E. Palmer explores the different types of liability in bar shootings and explains who can be held responsible, focusing on negligent security, premises liability, and other legal considerations.
Understanding Negligent Security
One of the most common grounds for liability in bar shooting cases is negligent security. Bar owners and managers are legally obligated to provide a safe environment for their patrons. When they fail to implement adequate security measures, they may be held accountable if an incident occurs.
Some signs of negligent security that could contribute to liability in a bar shooting include:
- Lack of security personnel: If the bar is located in a high-crime area or has a history of violent incidents, the owner may be expected to hire security guards to monitor the premises. Failing to do so can be considered negligent.
- Inadequate lighting: Poor lighting, especially in parking lots, entrances, or other common areas, can make it easier for a violent crime to occur. Bar owners must ensure these areas are well-lit to protect their patrons.
- Broken surveillance systems: A bar’s security cameras should be functional and actively monitored to deter crime. Broken or outdated systems may leave the bar vulnerable to violent incidents like shootings.
- Failure to control unruly patrons: If the shooter was involved in previous altercations or exhibited aggressive behavior earlier in the night, the bar’s staff should have taken steps to remove them from the premises. A failure to do so could result in the bar being held partially responsible for the shooting.
Negligent security cases hinge on whether the bar owner could reasonably foresee the danger and whether they took appropriate steps to prevent it. If the bar failed in its duty to protect patrons, the victim may have a strong case for holding the establishment liable.
Premises Liability in Bar Shootings
Premises liability is another legal concept that comes into play in bar shootings. This area of law holds property owners and operators responsible for maintaining safe conditions on their premises. While premises liability often relates to slip-and-fall accidents, it also applies to violent crimes that occur on the property.
For a premises liability claim to be successful, the victim must show that the property owner knew or should have known about potential dangers and failed to take reasonable action. In the case of a bar shooting, this might involve proving that the owner was aware of security risks and failed to address them.
Some factors that could strengthen a premises liability claim include:
- Previous incidents of violence: If the bar had a history of violent altercations or criminal activity, the owner should have implemented security measures to prevent future incidents. A pattern of violence makes it more likely that a court would find the bar liable.
- High-crime location: Bars in areas known for crime have a greater responsibility to protect their patrons. Property owners must be aware of their surroundings and take steps to mitigate potential risks, such as hiring security guards or installing surveillance cameras.
When the Bar Owner Is Liable
The bar owner may be directly liable for the shooting if they failed to maintain a safe environment. This liability could stem from:
- Lack of staff training: Bar staff should be trained to de-escalate dangerous situations and handle unruly patrons. If the shooter had been causing trouble earlier in the night and staff failed to intervene or call the police, this could be a form of negligence.
- Over-serving alcohol: In some states, laws exist that hold bars accountable if they serve too much alcohol to an individual who then goes on to commit a violent act. If the shooter was visibly intoxicated, the bar might share some liability for continuing to serve them alcohol.
- Inadequate emergency response: If the bar was slow to respond to the shooting or did not have proper emergency procedures in place, this can also contribute to liability. Quick action, such as calling the police or providing medical assistance, can save lives and prevent further harm.
Third-Party Liability
In some cases, third-party entities could also be held responsible for a bar shooting. For instance, if the shooter was an employee of a security company hired by the bar, the security firm could be liable for failing to screen or train their personnel adequately.
Similarly, if a contractor was responsible for maintaining the bar’s security system but failed to repair a faulty camera or alarm, they could share liability for the shooting.
Can the Shooter Be Held Liable?
While the shooter is undoubtedly responsible for their actions, in many cases, they may not have the financial means to provide adequate compensation to the victims. This is why it is important to explore all potential sources of liability, including the bar owner and third parties. Victims of bar shootings often seek compensation from the bar’s insurance policies, as these can provide more substantial financial relief than suing the shooter directly.
What Kind of Damages Can You Recover?
If you or a loved one has been injured in a bar shooting, filing a personal injury claim could help you recover various types of damages, including:
- Medical expenses: This includes both current and future medical costs, such as hospital bills, surgeries, medications, and rehabilitation.
- Lost wages: If your injuries caused you to miss work or impacted your ability to earn an income, you may be entitled to compensation for lost wages.
- Pain and suffering: Bar shooting victims often experience emotional trauma, anxiety, and loss of enjoyment of life. These non-economic damages can be factored into a personal injury claim.
- Wrongful death: If a loved one died as a result of the bar shooting, family members might pursue a wrongful death claim to recover funeral expenses and compensation for the loss of companionship and financial support.
Holding All Responsible Parties Accountable After a Bar Shooting
Bar shootings are tragic events that can leave victims with lasting physical, emotional, and financial scars. While the shooter is the primary wrongdoer, others may share responsibility for failing to prevent the incident. Bar owners, property managers, security personnel, and third-party contractors may all be held liable under certain circumstances. If you’ve been injured in a bar shooting, contact us today. We want to help you recover.
