Liability for Parking Lot or Retail Store Shootings

Some Thoughts About Liability for Parking Lot or Retail Store Shootings.

The unthinkable can happen in places we visit every day. A quick trip to a retail store or a stop in a parking lot can turn into a terrifying scene if a shooting occurs.

When violence erupts, it usually leaves individuals, such as yourself or a loved one, injured or worse. Then myriad questions immediately arise about who is responsible. In Miami and across Florida, victims and their families often wonder if the property owner can be held accountable. Our highly experienced and compassionate personal injury lawyers understand that these situations are devastating and legally complex, but they have the knowledge and empathy to help significantly.

What is Premises Liability Under Florida Law?

Florida law provides a strict legal framework for holding property owners responsible when certain conditions lead to harm. This area of law is known as premises liability. Generally, property owners have a duty to keep their premises reasonably safe for lawful visitors. This duty extends to protecting visitors from foreseeable and possibly unforeseeable dangers, such as a shooting or other violent acts.

What does “foreseeable danger” mean in the context of a shooting? It means the property owner knew, or should have known, about a possible risk of violence on their property but failed to take adequate steps to prevent it. It cannot be overstated how critical this element is in these cases.

What Is the Property Owner’s Duty to Protect?

Understand, however, that not every shooting on a property automatically leads to liability for the property or business owner. Florida courts look at numerous factors to determine if a property owner breached their duty of care. This duty varies depending on the visitor’s status. Most people in parking lots and retail stores are “invitees,” meaning they are on the owner’s property for the owner’s benefit, such as shopping in their store. Property owners owe these invitees the highest duty of care.

This duty almost always includes a responsibility to address dangers they are aware of and dangers they should have discovered through reasonable inspection. When it comes to criminal acts, such as a shooting, the focus shifts legally to whether the crime was, in fact, foreseeable.

How Does the State of Florida Determine Foreseeability of Criminal Acts?

Establishing foreseeability is invariably the most challenging legal part of a premises liability case involving a shooting. Florida law does not require a property owner to ensure their visitors’ safety against all possible crimes. Instead, foreseeability often hinges on similar incidents on the property before your incident.

For example, let’s say a specific parking lot has a history of violent crimes, robberies, or previous shootings. Then the property owner is expected to implement security measures. The absence of such measures could demonstrate a breach of duty.

Florida Statute § 768.0701, regarding “Responsibility for acts of violence on commercial property,” outlines factors that may be used in determining foreseeability and adequate security measures.

Some factors that can establish foreseeability include:

• Prior Similar Incidents On the Property: A history of violent crimes on the property or in the immediate vicinity.
• The property is in a High Crime Area: The property is in an area known for a high violent crime rate.
• Inadequate or Poor Security: A lack of appropriate security measures despite known risks.
• Ignoring Specific Threats: The property owner received specific threats of violence that they ignored.

Then, What Constitutes Adequate Security Measures in Florida?

Once foreseeability is established, the next question is whether the property owner’s security measures were adequate. It must be remembered that there is no one-size-fits-all answer to this question.

Adequate security depends on the specific circumstances, including the nature of the business, the location, and the history of crime.

Examples of adequate security measures that might be considered include:

• Security guards are around the property.
• Proper lighting in parking lots and common areas, as well as working surveillance cameras, are needed.
• Controlled access points.
• Functional alarm systems.
• Fencing or barriers are put in place, etc.

If a property owner fails to implement any or all of these reasonable security measures that would have prevented or deterred the shooting, they may be found legally negligent in Miami.

How May My Personal Injury Lawyer Prove Negligence and Causation?

To succeed in a premises liability claim for a shooting, your tenacious, well-versed personal injury lawyer must prove several elements, such as:

1. Duty: The property owner owed a duty of care to the victim.
2. Breach: The property owner breached that duty by failing to provide adequate security when the danger was foreseeable.
3. Causation: The property owner’s breach of duty was a direct cause of the shooting and the resulting injuries. This means the inadequate security directly led to the harm suffered.
4. Damages: The victim suffered actual damages, such as medical expenses, lost wages, pain and suffering, or other losses.

Establishing causation can be legally challenging and complex. Your skilled lawyer must show that if proper security measures had been in place, the shooting likely would not have occurred, or its impact would have been significantly lessened.

How May Florida’s Comparative Negligence Rule Affect My Case?

The state of Florida follows a pure comparative negligence rule. This means that if the victim is found partly at fault for their injuries, their compensation can be reduced by their percentage of fault.

For example, if a jury awards $1,000,000 but finds the victim 20% at fault, the award would be reduced to $800,000. However, in shooting cases, victims are rarely seen as at fault for the violent acts of another.

What must be understood is that if you or a loved one has been a victim of a shooting in a parking lot or retail store in Florida, acting quickly is critical. Evidence can disappear, witness memories can fade, and security footage may be lost.

Preserving evidence, such as incident reports, surveillance video, and witness statements, is vital for building a strong case. An experienced, thorough, and empathetic personal injury lawyer will fully understand that the immediate aftermath of such an event is overwhelming, but gathering information as soon as possible is essential.

I’ve Been the Victim of a Shooting Incident in Florida; How Should I Proceed?

At Linton Robinson & Higgins, LLP, we bring over 50 years of combined experience to every case. We fully understand that being a victim of violence is a profoundly traumatic and life-changing experience. This is why we approach each client with the compassion and empathy they deserve, treating them like family.

We pride ourselves on being approachable; our clients usually have our cell phone numbers because we believe in direct, open communication.

Most importantly, our firm is tenacious and relentlessly fighting for our clients in these complex cases. Our experience and knowledge allow us to plan out your case strategically, and we will fight tirelessly to uncover the truth and seek justice on your behalf.

Please get in touch with us if you are in Miami or the surrounding areas and need guidance after a parking lot or retail store shooting. Our firm will strive to help you understand your rights and explore all your legal options.

Call us today at (786)-882-7316 in our Miami office or (332)-241-9036 in New York for a free consultation on your unique case. We are dedicated to standing by your side and helping you fight for the justice and compensation you deserve.

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Sources Used:

• Florida Statute § 768.0701: Responsibility for acts of violence on commercial property. (Link: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.0701.html)
• Florida Statute § 768.81: Comparative fault. (Link: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.81.html)
• General principles of Florida premises liability law (derived from common law and various court decisions, not a single statute for the entire concept).