Your night out at an entertainment complex should be about enjoyment, relaxation, and connection. But when violence erupts, and someone is shot on the premises, everything changes.
Victims and families are left reeling, facing trauma and loss, and asking questions.
How could this happen? Who is responsible? And what legal options are available?
While the shooter is the person who caused harm, the legal system looks beyond the person who pulled the trigger. Property owners, business operators, and security providers may also be held accountable, especially when the incident could have been prevented with appropriate safety measures.
Who is responsible for a shooting at an entertainment venue? This may fall into the area of negligent security.
What Is Negligent Security?
Negligent security is a type of premises liability law. This applies when someone is injured or killed on another person’s property due to a foreseeable criminal act that the property owner failed to prevent.
No, property owners are not expected to predict every crime. However, they are legally obligated to take reasonable steps to ensure the safety of visitors and patrons, especially in high-traffic, late-night, or historically dangerous environments like entertainment complexes.
This duty may include:
- Hiring trained security personnel
- Installing working surveillance cameras
- Providing adequate lighting in parking lots and entrances
- Monitoring and controlling access points
- Responding to threats and disturbances before they escalate
When these protections are missing or poorly executed, tragedy can happen, like a shooting. In these cases, the victims could have a viable civil claim against those who allowed unsafe conditions to persist.
Who Can Be Held Liable?
In civil litigation, the focus often shifts to the parties who had a duty to prevent foreseeable harm and failed to do so. Unfortunately, these negligent security cases may extend to multiple entities, including:
Property Owners
Under premises liability law, owners are legally obligated to maintain reasonably safe conditions for visitors. If the owner failed to install adequate lighting, did not employ trained security, or ignored prior incidents of violence, they may be held responsible for failing to deter or prevent the shooting.
Business Operators or Tenants
The entertainment complex is sometimes leased to a third party, such as a nightclub, restaurant, concert venue, or arcade. These tenants may have some responsibility for day-to-day security measures. If the tenant fails to take appropriate steps, such as hiring security guards or controlling crowd behavior, they can be held liable in addition to the property owner.
Security Companies
If a third-party security firm was contracted to protect the premises and failed to act, that firm may also face liability. For example, if guards were improperly trained or failed to respond to suspicious behavior, their employer could be held responsible under negligent hiring or supervision claims.
Event Organizers or Promoters
The organizer may be responsible for ensuring adequate safety measures for special events, such as concerts, parties, or festivals. If the shooting occurred during a poorly managed event with insufficient crowd control or no screening procedures, the promoter could be a target of a civil lawsuit.
Management Companies
In larger entertainment complexes, daily operations may be handled by a property management firm. If that firm ignored crime trends, failed to repair surveillance systems, or disregarded known security risks, it could also be found negligent.
Proving a Negligent Security Claim
If you or a loved one has been injured, your legal team must demonstrate more than that a crime occurred. The law requires a specific showing of fault, such as:
A Legal Duty of Care
You must first show that the property owner or other defendant owed you a legal duty. This is almost always present when you are a lawful visitor, patron, or guest. The duty includes taking reasonable steps to prevent foreseeable criminal acts.
Breach of That Duty
Next, you must prove that the defendant breached their duty of care. This step usually relies heavily on evidence of foreseeability. These can include evidence of prior criminal incidents, crime reports, or internal warnings. You may also need other tangible evidence to back up your claim, such as:
- Surveillance footage
- Police reports
- 911 call logs
- Prior incident history at the location
- Crime statistics for the area
- Witness statements
- Expert testimony on industry-standard security protocols
Causation
After that, you must show that the defendant’s negligence directly contributed to your injury. In these cases, you need to prove that the shooting would not have occurred if proper security had been in place. For example, if the presence of a guard could have de-escalated the conflict or deterred the shooter, that fact could establish causation.
Damages
Finally, you must demonstrate that you suffered actual damages from the shooting.
A shooting at an entertainment venue is a tragedy. However, when it is compounded by poor security and preventable conditions, it becomes a matter of legal accountability. Property owners and business operators are not expected to stop all crimes but to act reasonably, especially when warning signs are unmistakable.
If you have been injured or lost a loved one in a violent crime, reach out to Laffey Bucci D’Andrea Reich & Ryan. We will take steps to hold these negligent parties accountable for their lack of action.