When a shooting occurs, it’s common for a lawsuit to follow, usually against the owner of the property or even a security company or event organizer. This is because property owners owe a duty of care under Florida law. If you or someone you love has been the victim of a shooting on someone else’s property, you may have a claim against the property owner if they were negligent in protecting guests and customers and had reason to foresee the potential for a shooting.
How Premises Liability Works in Florida
Premises liability is an area of law in Florida that allows property owners and managers to be held responsible for injuries and crimes like shootings that occur on their property due to unsafe conditions or negligent security.
Under Florida law, property owners owe a duty of care to residents, guests, and customers to maintain a safe property free of hazards and conditions that encourage or allow crime to occur.
This duty of care is limited, however. Property owners aren’t required to warn visitors about obvious hazards nor are they expected to protect guests and customers from unforeseeable risks that require unreasonable protection. For example, a property owner can’t be expected to predict an earthquake, nor can they foresee and plan for all types of crime.
When certain elements are met, however, property owners can be liable for a shooting that occurs on their property.
Can a Property Owner Be Responsible for a Shooting in Florida?
Premises liability cases are notoriously difficult but there are cases in which a property owner can be legally liable for a shooting by a third party on the property. In most cases, these claims involve negligent security.
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