The number of shootings in the U.S. is increasing at an alarming rate. One of the deadliest shootings in recent memory occurred at a Florida nightclub in June of 2016, which killed at least 49 people and left dozens more injured.
While fewer people were injured and killed in other shootings – including a 2012 shooting at a nightclub in Atlanta – for the individual victims, the damage is the same. If you are a victim of a nightclub shooting, or if you lose a loved one in a nightclub shooting, you have the right to press charges in civil court.
Who Is to Blame for Damages Caused by a Nightclub Shooting?
A victim who is shot at a nightclub may suffer a myriad of losses. If the person does not die, they may experience significant blood loss (which can lead to a number of health complications), disability, brain injury, loss of (function) of limb, psychological harm, and more. Of course, these victims also suffer huge economic losses in the form of medical expenses, and potentially lost wages, too.
A victim of a nightclub shooting deserves to be compensated for these losses. In the majority of cases, there are different parties who may potentially be held liable for these losses, and agree (or be ordered by a court) to pay the victim damages. These parties are:
- The shooter; and
- The owner of the property/nightclub where the shooting occurred as well as property manager as well as security company may be liable to compensate the victim.
Why Would a Property Owner Be Liable for My Injuries?
It makes sense that a shooter would be held liable for your injuries – they are the party who enacted harm. However, filing a civil claim against a shooter isn’t always sensible; shooters often have little money, and therefore even if your claim is successful, you may not be able to recover any financial compensation.
A property owner, however, is typically covered through their property insurance policy. A property owner as well as property manager as well as security company may be liable to compensate the victim, if it can be established that the property owner failed to provide a reasonable amount of security to prevent the shooting from occurring.
This is called a negligent security claim, and is relevant when the property owner failed to: provide adequate lighting, provide a security guard, search people when entering the nightclub, have security cameras in place, etc. (the list is not inclusive, and not all items pertain to all cases). Essentially, a property owner is required to take reasonable action to prevent foreseeable crimes from occurring.
Work with an Experienced Georgia Negligent Securities Attorney to Learn More
Negligent security cases are very complex, and require a thorough investigation into the case, as well as specific knowledge of the law. Our attorneys are extremely adept at handling negligent security cases, and are ready to take on your case and advocate for you today. To schedule your free case consultation, call our offices now or fill out our online form.
The foregoing answer is not legal advice and is merely a general overview. You are advised to consult a lawyer to address your specific situation. Feel free to send comments or questions to: steve@aa-legal.com of Apolinsky & Associates, LLC, or call (404) 377-9191.
Photo credit: Sam Lehman & Brandon Anderson
