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Negligent Security

In The Bar, Nightclub, or Event Business? Think You Have Liability Insurance Coverage?

Posted by on Nov 4, 2013 in Negligent Security

In The Bar, Nightclub, or Event Business?  Think You Have Liability Insurance Coverage?

If you are involved in the bar, restaurant, nightclub or event business, you might want to sit down before you read this blog post. We frequently get involved in cases working for people who have been injured in bars, or nightclubs, or at special events.  The injuries arise from a variety of situations ranging from falls, incidents with glasses or bottles, fights between patrons, fights with bouncers, shootings, and injuries caused by drunk drivers. Unfortunately, these kinds of things sometimes happen when alcohol is involved, and most (but definitely not all) bar or nightclub owners or event producers do the responsible thing and go out and secure commercial liability insurance.  Most bar or club owners assume that commercial liability coverage is standard from one industry to the next, and also assume that their agent will assist in securing them insurance that will cover most anything bad that might happen in connection with their business. It is usually not until shortly after reporting a claim that many bar and club owners realize that many — and maybe most — modern bar, nightclub, or special event commercial liability insurance policies are chock full of exceptions and exclusions.  For example, many companies attempt to exclude coverage to bars and nightclubs for incidents arising out of alcohol use.  How many incidents that happen in a bar that lead to a personal injury claim do you think do not arise out of alcohol use?  Business owners are often shocked to learn that they have been paying for insurance that is essentially worth nothing to them.  Likewise, many nightclub operators are stunned to realize that their assets are now at risk from a negligence lawsuit because insurance won’t cover a claim. Savvy business owners will stay involved in the insurance procurement process.  They will ask lots of questions — particularly about coverage exclusions.  A wise bar or club owner would probably insist that alcohol-related incidents, and assaults and battery claims be covered — since these are the most frequent claims that we see in our offices as personal injury lawyers.  Nobody injured by negligence in a restaurant, bar, nightclub, or at a special event, wants the business owner to be harmed, but they do expect to be compensated for their damages. If you have any questions regarding liability insurance coverage for a bar, nightclub, or restaurant, or if you have been injured in one, call Winter Park personal injury attorneys Kim Cullen and Robert Hemphill at...

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Will Pine Hills Shooting Lead To A Negligent Security Claim?

Posted by on Oct 15, 2013 in Negligent Security

Will Pine Hills Shooting Lead To A Negligent Security Claim?

Here in Central Florida, over the past year or more there have been rash of shootings in the commercial area on Colonial Drive (Highway 50), between Pine Hills Road and Kirkman Road.  The most recent event was the murder of two men sitting in a Porsche automobile in the parking lot of the Mandarin Plaza shopping center. Mandarin Plaza, as well as several of the other shopping plazas in the area, features at least one nightclub.  According to a story on the WFTV.com website, the owners of the nightclubs (and presumably the owners of the plazas) realize that a lot of criminal activity occurs in the parking lots outside these clubs.  Apparently, some kind of effort is made to provide security, but obviously not enough. A business owner can be held liable for damages if he or she knows (or should know) that his or her business is the site of dangerous or criminal activity and doesn’t take reasonable measures to protect guests, patrons, or visitors.  The amount or level of security must be reasonable in light of what is known about the risk of danger.  Having one security guard on duty might be reasonable when there is little risk of crime, but would likely be entirely unreasonable if the business had been the scene of multiple attacks or murders. Apparently, the victims in the Mandarin Plaza shootings had a social media and community presence that suggested that they were modern-day gangsters.  There might have been more to their killings that just a random act of violence.  In such a situation, there might not be a viable negligent security claim.  Nevertheless, many of the people shot and killed in Pine Hills in this area of Pine Hills are innocent and plainly at the wrong place at the wrong time, and deserve justice. If you have any questions regarding a potential negligent security claim, call Winter Park negligent security attorneys Kim Cullen and Robert Hemphill at...

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Security Guard Flees Scene Before Shooting, Leads To $55M Negligent Security Verdict

Posted by on Jun 25, 2013 in Negligent Security

Security Guard Flees Scene Before Shooting, Leads To $55M Negligent Security Verdict

Once a security firm has been hired to provide security for a business like an apartment complex, the security firm owes residents and guests a duty to utilize reasonable care in the manner in which it provides those security services. When a security firm doesn’t use reasonable care, bad things are bound to happen. According to a piece on the InsuranceJournal.com website, a Southern California jury recently awarded a young man $55 million for a negligent security claim he brought against a private security firm after he was shot nine times at an apartment complex. Evidence in the case showed that the security guard assigned to the plaintiff’s apartment complex not only failed to break up a small party of men who were allegedly gang members, but also failed to warn the Plaintiff and others that the area where the gang was gathering was dangerous. According to the evidence at trial, after seeing the group of men, the security guard went to wait in his car, listened to the radio for a while, then left the scene. The plaintiff was 17 years old when he was shot. He has undergone 56 surgeries, has had both of his legs amputated, and has had almost 40 percent of his stomach removed. Although this case occurred in California, the same legal concepts regarding liability apply here in Florida. If the security company knew of a danger to the complex residents, it had a duty to either warn them or take measures to protect them. A failure to do so exposes the company to potential negligent security claim. If you or a loved one have been injured at a business that should have had better security, or have questions regarding a Florida negligent security claim, call Winter Park negligent security attorneys Kim Cullen and Robert Hemphill at...

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