Poor Security Is Premises Liability Too
Michael Babboni
Premises Liability
The city of Jacksonville experienced a tragedy very recently in the form of another Florida shooting. This time, the incident occurred at the most unexpected of places, a game bar that was hosting a video game tournament for the popular football game series, Madden. David Katz, 24 years old, from Baltimore, Maryland, had been attending the Jacksonville Landing tournament but had lost earlier in the day. He returned in the afternoon, opened fire on the other participants then ended his own life. There were three deaths and 10 injuries.In the wake of the incident, survivors of the shooting are now moving forward to file premises liability lawsuits. Specifically in this case, for negligent security. But how exactly does this work?
Safety First
It’s obviously a case-by-case basis in most instances, but all properties, whether they are residential, retail, commercial, industrial or even hospitality/entertainment, have one basic legal responsibility for all visitors.
These spaces must maintain a reasonably safe environment. For homes, this is pretty basic, such as ensuring that stairs remain in good condition, so people don’t lose balance and fall while going up or down. For a retail environment, such as a shopping mall, it may mean ensuring that spills on floors get cleaned up quickly, so unsuspecting visitors don’t slip and fall. And for industrial areas, it may entail keeping dangerous equipment locked away, or maintaining good ventilation to prevent dangerous fumes from accumulating and being breathed in.
For some places, security plays an aspect as well. Many major shopping centers—and even nightclubs—have their own security staff on hand. This is usually to mediate disputes, detain shoplifters or other minor criminal violators, and, of course, assess an area to make sure it is safe.
The Jacksonville Landing Case
With regards to the shooting at the entertainment complex in Jacksonville Landing, plaintiffs are now citing an insufficient security presence as the reason for the injuries. Because the shooting is—at the time of this writ-ing—recent, with no full details of the investigation released, it’s difficult to say how much weight this claim will carry going into court.
What is known is that the shooter had legally purchased firearms in Maryland, and had been diagnosed and treated for mental illness, with a past history of prescriptions for anti-depressants and even anti-psychotic medications. Despite this, he was allowed to purchase firearms and used one of them in the shooting.
The lawsuit may target either the entertainment complex in Jacksonville Landing itself, or the event organizers, Electronic Arts, the company that actually created the Madden 19 game that was being played at the tournament. There’s still a question of just how much security would be required for an event like this, but that’s a ruling that will have to be determined in court, with a body evidence and reasonable, logical arguments.
This is why it’s important to always be aware of whether or not you have any legal options. And, when in doubt, contact a personal injury lawyer to explain the circumstances and see if you have a case.