Nightclub Owners May be Liable for Shootings

US Marshals Capture Nightclub Shooter in Atlanta

On Wednesday, August 3, police in Atlanta arrested a man suspected in a nightclub shooting  in Austin, Texas, according to USA Today. The man, Endicott McCray, was booked in Fulton County Jail. The shooting happened at a nightclub in Austin on Sunday, July 31. The shooter fired several shots into a crowd, injuring three people and killing one, Teqnika Moultrie, of California.

Nationwide Manhunt Led Police to Atlanta

The homicide occurred in Austin’s popular Sixth Street nightlife district. An unrelated shooting several blocks away that occurred around the same time led Austin police to believe that an active shooter may be moving through the district. Emergency first responders transported one of the shooting victims to a nearby hospital. The shooting led to a nationwide manhunt. The United States Marshals Southeast Fugitive Task Force captured McCray at a bus station in east Atlanta without any resistance. McCray lives in San Marcos, Texas, a town less than an hour south of Austin. The Austin-American Statesman reports that police believe that the suspect in the nightclub shooting was attempting to shoot his brother-in-law, Chris McCutcheon.

Businesses Have a Duty to Prevent Crimes

One question that arises in a case where a violent crime occurs in a public business like a nightclub is whether the owners of the business may be responsible for allowing the shooting to happen. In Georgia, business owners are responsible for taking reasonable steps to prevent injury to their customers. This naturally includes making sure that any hazards such as spills are contained and that customers have warning of any potential hazards, such as stairs where they might trip and fall.

But it also means that business owners have a duty to take reasonable steps to prevent violent crimes that might occur on the premises and injure their customers. If business owners are aware of previous crimes that have occurred on their property or in the surrounding area, they have a responsibility to take steps to prevent these kinds of crimes from happening in the future. This can include hiring private security personnel to ensure that violent criminals do not enter the premises.

Nightclub Owners May Be Liable for Crimes

In a case like the one that occurred in Austin, it’s possible that the owners of the night club could be liable for injuries that customers suffered during the shooting. If the nightclub owner was aware of violent incidents that had occurred in the vicinity, they have a duty to take reasonable steps to prevent similar crimes from taking place in their own business. Because the club is located in the Sixth Street area, which has a reputation for alcohol abuse and violence, the owner was likely aware that similar crimes might take place in their establishment.

The owner has a responsibility to take standard measures, like hiring security for the club, to prevent potentially violent criminals from entering the establishment. If the club failed to take these measures, and this failure led to the injuries that occurred, the victims of the crime may be able to sue the owner for negligent security. For example, if there was inadequate security at the door, and a standard security staff would have noticed that McCray was carrying a gun when he entered the bar, the bar may be liable for the gunshot injuries that customers suffered.

Get Legal Help

If you or someone you know has suffered injuries on the premises of a business, you need legal advice. Get in contact with an experienced negligent security attorney at Williams Elleby Howard & Easter in Cobb County to get the compensation you deserve.

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