I am always troubled when I read a story like this one, reported by a local television station, about a man who was apparently shot and killed outside an Orlando nightclub called Chito's Restaurant and Bar, located on East Colonial Drive. Of course, I don't know anything about the man that was shot and killed - but I do know that somewhere there is a mother, or wife, or children, probably grieving.
As a lawyer, I know that businesses can be held liable for failing to provide adequate securty for their patrons when the property owners or managers know or should know that their location is a frequent site of violent or criminal activity. This is not all that difficult to prove, as every local law enforcement agency keeps records of calls made to certain locations or grids by officers. More on that here. Simply put, if a property is dangerous, the people that run businesses there or maintain the property, need to provide adequate security.
The main problem in getting compensation for injured people or their families comes from lack of insurance. Many business owners purchase liability insurance that features so many exclusions that one wonders exactly what is covered in the policy. Unfortunately, many times for bars and nightclubs these exclusions often attempt to preclude coverage for incidents involving assault and battery and/or handguns.
There is no way to know if there is insurance, or if coverage is excluded, without asking. Many people choose to have an attorney makes such a request. An attorney experienced in handling negligent security claims will know what to ask for, and more importantly, will know how to read an always complex commerical general liability insurance policy.
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