Miami Resort Injury Lawyer Blog

When an individual is attacked or victimized on another's property there may be a claim for negligent security. This cause of action allows for recovery against property owners for foreseeable criminal attacks by third parties. Accordingly, an experienced lawyer would begin an investigation to determine whether or not a criminal attack was foreseeable. Evidence of prior violence is certainly a good indicator that a criminal attack was foreseeable.

Since the foreseeability of criminal attacks on third parties plays a strong role in negligent security claims, a certain hotel nightclub may be opening itself to liability due to the history of violence around the hotel and its nightclub. In Eaton County, Michigan, officials have recently dealt with fights, a shooting, and the assault of a Sheriff's Deputy outside of a hotel nightclub.

This is a perfect illustration of how certain establishments don't take the time to set up appropriate safeguards to avoid these situations and confrontations. In South Florida we've handled plenty of cases where security guards or bouncers used too much force and severely injured people, or, worse yet, simply abused their position to commit a criminal act. Our firm has extensive experience handling these claims.

As for the case in Eaton County, on October 24, 2010, around 2 AM, several Sheriff's Deputies responded to this hotel and the attached nightclub after responding to a call on multiple fights. While on scene, someone fired a gun. A bullet ultimately hit a 21 year old man in the leg. A few days after this incident, police responded to the club on a reported fight and an officer was slapped in the face by a patron.

Although the nightclub has taken the position that its security measures are appropriate, the fact remains that violent incidents have occurred time and time again outside of the nightclub by presumed patrons. Ultimately, these facts illustrate that a criminal attack on a third party is foreseeable on the hotel and nightclub premises.