Strip Club Operator acquitted of Premises Liability Charges
A male patron of a strip club suffered fatal injuries after he was shot by a security guard after being removed from the premises. However, the premises in question concerns the parking lot outside the strip club, where a fight that had broken out among some of the men that were waiting in line to enter the strip club continued. The off-duty security guard, who had returned to the club for personal reasons, noticed the situation and tried to help a man involved in the fight off the ground. At about that time, the business operator on duty ordered the men involved in the fight off the premises and notified the authorities. One of the men that took part in the fight, left, and returned shortly after bearing a firearm. When the off-duty security noticed the situation, in which several men were armed, upon trying to break up the fight, he drew his weapon and shot the alleged instigator. The shooting victim’s parents pressed charges and a premises liability lawsuit was presented, claiming that the strip club owner or operator, owed a duty to protect the man who was shot from injuries. The case went to trial and the court ruled in favor of the strip club on the grounds that the victim was not a patron at the time of the incident, and that the premises can only be held liable for the injuries to actual customers or guests. Upon being told to leave the premises, the court ruled that the plaintiff was no longer a customer, especially when he returned bearing a firearm.
The ruling was based on the Restaurant of Torts – Section 315.
WHAT IS PREMISES LIABILITY?
Jonathan Perazzo, personal injury lawyer and founder of the Perazzo Law Firm, describes Premises Liability as the duty of a public or private establishment or business operator to make sure their premises present no danger to visitors and or cause any personal injury to individuals. However, in order to do so, fault on behalf of the business operator must be determined. A Premises Liability lawyer must gather information to verify whether there was third party negligence, and that the proprietor, manager, or operator of an establishment was aware of the potential dangers at the time of the accident that led to the client’s personal injury or property damage. In other words, if you are somewhere at sometime in Miami, it is the property owner’s duty to make sure you, a family member, or loved one is not in danger or at risk of falling victim to personal injury due to the proprietor’s negligence. This however, may depend on a number of factors which must be determined by one of our professional Miami personal injury lawyers serving Premises Liability claims. The situation and extent of injuries play a big part in determining liability for compensation claims for premises liability, which may include Slip, Trip, and Fall accidents. There are three principle factors which determine the status for a premises liability claim in Miami.
Who are you when you are somewhere in Miami?
Whenever someone walks into a Miami shop, restaurant, hotel, bar, theater, or someone’s apartment, they are either:
An Invitee– 1.(Public) An individual who enters a public establishment to conduct some sort of business purpose (or not) that may involve the purchase of goods or services. This may be a shopping mall, grocery store, bank, hotel, restaurant, etc.. Invitee- 2.(Business) An individual that enters an establishment to carry out a specific business transaction. An invitee must however, be careful and stay alert to any evident and existing potential dangers on the premises. For example, if there is a large ditch down a supermarket aisle and there are warning signs, a person that falls down the ditch, may not be able to claim for premises liability. There must be undisputed proof of negligence on behalf of the property owner, manager, or operator for a legitimate Premises liability claim on behalf of the invitee.
A Licensee– An individual that is on another individual’s property even though the property is not intended to welcome the general public. The proprietor in this case, has granted another individual permission to enter his/her premises and is liable for any injuries sustained by the licensee.
A Trespasser– An individual that enters another individuals private or public property without the consent of the proprietor, manager, or operator of said private or public establishment, cannot file a Premises Liability claim in the event of suffering personal injury, property damage or loss on the property in question. In other words, trespasser are on their own when it comes to entering another persons property unlawfully. Thus, the property owner may not be held liable and has no duty to provide hazard-free conditions for trespassers. However, there are cases when trespassers can hold property owners liable for personal injury compensation in the event of an accident. There are two types of trespassers; discovered and undiscovered. Special laws apply to each and it is the duty of a professional personal injury lawyer to provide trespassers with the different scenarios to consider in a premises liability claim following an accident.
Business owners and operators of public or private spaces have a legal responsibility to provide safe and adequate conditions for all those that visit their establishments. Premises Liability is based on protecting the rights of victims that suffer personal injury, loss, or wrongful death on the private or public premises of an individual or business. The Perazzo Law Firm’s Personal Injury Litigation attorneys represent those that have suffered personal injury or loss through a Slip, Trip and Fall Accident brought on by the negligence of property owners or operators. Our North Miami Beach office attorneys and staff have handled thousands of cases for clients that have suffered personal injury during everyday activities such as: grocery shopping in a supermarket, vacationing at a hotel, dining in a restaurant, riding a roller-coaster, or crossing through a parking lot. The Perazzo Law Firm has a proven track-record of providing our clients with just compensation for injuries such as: Brain Injury, Spinal Cord Injury, fractures, or other work related losses from Premises Liability situations.
If you, a friend, or relative has fallen victim to violence which resulted in property damage, or you property was damaged due to a natural disaster, contact the Perazzo Law Firm ONLINE to find out about filing an insurance claim for property damage. The Perazzo Law Firm offers FREE initial consultations and ZERO OUT-OF-POCKET FEES to clients seeking compensation from an insurance provider through a property damage insurance claim.