Gun violence is a growing problem in the U.S. as deeply disturbed individuals seek deadly notoriety through mass shootings in places where people gather. According to the CDC, 48,830 people died from gun-related injuries in 2021, the most recent year with fully analyzed data. The criminal justice system addresses the shooter’s actions and guilt for their horrific crimes, but are property owners—such as the owner of a mall—where a mass shooting occurs, ever held liable for gun violence injuries or fatalities that occur on their property?
When Is a Property Owner Held Liable After a Shooting on Their Property?
A shooter has the ultimate responsibility for the destruction they cause, but property owners may still be liable for damages to injury victims or the families of deceased victims of a shooting on their property, depending on the circumstances of the case. Property owners who invite others onto their property for business purposes owe a duty of care to those lawfully on the property. Examples of circumstances that could leave a property owner liable for a shooting victim’s damages include the following:
- If a property owner has inadequate security on the property
- If the property or business owner was aware of a threat to the property and failed to properly address it, or if the harm was foreseeable
- If there was a lack of signage warning visitors that the property owner isn’t responsible for violence that occurs on the property
- The property lacks signs warning that firearms aren’t allowed on the property
- The business or property has inadequately trained security personnel
- The business lacks a security plan for mass shootings
- Inadequate lighting aided the shooter or impeded the escape of victims
- There was a negligent lack of security cameras on the property
- There were inadequate exits or locked doors preventing victims’ escape
Commercial property owners have a duty to keep their property safe, including providing adequate security and other safety measures to prevent gun violence from occurring on their property.
Proving Liability for Gun-Related Injuries
When an injury victim or their family members seek compensation for their damages from gun-related injuries, they have the burden of proving the property owner’s negligence and liability for a Kansas City premises liability claim for compensation. This requires documenting evidence of the following:
- The property owner owed a duty to care to take all reasonable measures to prevent injuries from occurring to the injury victim
- They breached this duty due to negligence
- Their breach of duty directly caused or contributed to the injuries
- The injury victim suffered economic and non-economic damages from the injury
Proving liability for gun-related injuries often comes down to asking, “Would a reasonable property owner have acted differently to prevent the possibility of gun violence on their property?” If the answer is yes, the property owner can be liable for damages.
Is Pursuing a Lawsuit Against a Property Owner Worthwhile After a Shooting?
Survivors of gunshot wounds usually require one or more surgeries and a lengthy recovery period. Depending on the type and location of the wound, some surviving victims of gun violence are left with disabilities. A successful injury claim could recover compensation for damages such as past and future medical expenses, lost wages, and compensation for pain and suffering. Many survivors also recover compensation for emotional damages like PTSD. If a loved one died due to gun-related injuries and a property owner’s failure to take reasonable measures to provide secure premises, close family members may recover compensation through a Missouri wrongful death claim. Compensation for damages such as those listed above typically comes from the property owner’s liability insurance.
How Can a Kansas City Personal Injury Lawyer Help?
After suffering injuries from gun violence, injury victims and their family members often feel helpless and bewildered. A successful compensation claim against a negligent property owner cannot erase the injuries or trauma, but it helps relieve the associated financial hardship and offers a sense of closure and justice to injury victims. Call the Kansas City personal injury lawyers at Miller & Hine Attorneys at Law today so we can take action on your behalf if a premises liability claim is appropriate in your case.