In a recent inquiry a Mom asked the following question: ”My son was recently badly injured when he went to a bar, and was beaten up in a parking lot across the street. My son was minding his own business, when some thugs who were in the bar, and, who I understand had caused trouble before, started hitting on his girlfriend. My son was smart enough to leave the bar with his date, but these thugs followed him out to the parking lot and beat the tar out of him, causing him to suffer severe injuries. Does the bar have any responsibility for this?”
Liability for Injuries due to Negligent Security
In the area of premises liability and negligent security, the bar very likely has responsibility. When it is forseeable that a bar’s patrons will use a parking lot, or another off premises location, the bar has a responsibility to make sure that reasonable security is provided, even on the off premises location. Thus, the duty of a property owner is expanded to locations off his or her own property when it is forseeable that patrons will use this location to patronize his or her business. Like any other claim based upon negligent security, an analysis must be made as to whether or not the crime was forseeable, the security in the bar (or outside of it, if necessary) was adequate based upon the forseeability of the crime, and whether or not the crime was preventable with adequate security.
Foreseeability is Key to Liability
Based upon the fact pattern that is provided, it appears that the crime was forseeable, if, as mentioned, these individuals had caused problems before. It would then be up to a security expert to opine whether or not the security was adequate, and whether or not the crime (i.e. the battery on your son) was preventable with adequate security. Assuming forseeability of crime can be established, security was inadequate, and the crime was preventable, it appears very likely that this tavern owner has breached a duty of care to your son.
If you have a situation requiring legal representation for injuries due to the negligence of others, contact Corless Zinober FL personal injury lawyers at 866-969-2889.
