Negligent Security Lawsuit in Florida: Bar Fights, Nightclub Shootings and Bouncers

When someone is attacked at a bar or nightclub, the attacker isn't the only one who may be responsible. If the business ignored warning signs or had poor security, it may be held responsible too. That is what a negligent security lawsuit is about. In South Florida, many of these cases come from nightlife: fights inside clubs, shootings at the entrance, assaults in parking lots, and injuries caused by bouncers themselves.

These injuries can change a life: brain injuries, gunshot wounds, broken bones, lasting trauma and, too often, death. This guide explains, in plain language, when a bar or nightclub may be responsible, what the 2023 changes to Florida law mean, and what evidence matters. This article is general information, not legal advice. Every case depends on its facts, so speak with a lawyer about your situation.

What is a negligent security lawsuit?

Businesses are not expected to stop every crime. But a business that invites the public in, such as a bar, nightclub, restaurant or lounge, can owe its customers a duty to use reasonable care to protect them from crimes it can foresee.

In Stevens v. Jefferson (1983), the Florida Supreme Court said a tavern owner is not an insurer of its customers' safety, but it must use reasonable efforts to keep order and can owe a duty to protect customers from foreseeable attacks by other patrons. A negligent security lawsuit asks whether the business failed to take reasonable steps and whether that failure helped cause the injury.

When is a bar or nightclub responsible for a fight or shooting?

The key question is usually foreseeability. Under Stevens v. Jefferson, foreseeability does not require knowing the specific attacker. It can be based on what the owner knew or should have known from experience, such as:

• Prior fights, assaults, stabbings or shootings at the location or nearby.
• Police calls and complaints about the venue.
• The kind of business and crowd: late hours, heavy drinking, large events, promoters and rival groups.
• Warning signs that night, such as threats, an argument that kept escalating, or someone thrown out who kept coming back.

Whether a danger was foreseeable, and whether the security in place was reasonable, are usually questions for a jury, and they depend heavily on the facts.

Security failures that come up in nightclub cases

• Too few security staffNot enough trained staff for the crowd, the event or the location's history.
• Weak entry checksNo meaningful screening at the door when the venue's history called for it.
• Dark parking lots and exitsBroken or missing lighting, no patrols and no cameras where people walk to their cars.
• Ignoring warning signsStaff who saw a fight building and did nothing, or let a removed customer back in.
• Overcrowding and blocked exitsLetting in more people than the space can safely hold, which can turn a fight into a crowd crush.
• Overserving aggressive customersContinuing to serve a drunk, threatening customer. This can matter for security even though Florida's dram shop law limits claims based on alcohol alone.

Hurt by a bouncer or security guard

Security staff are supposed to keep people safe, but sometimes they cause the injury: an excessive takedown, a chokehold, someone thrown out and down the stairs, or a beating outside the door. Possible claims can include:

• Against the bouncerThe person who used force can be personally responsible for an assault or battery.
• Against the bar or clubAn employer can generally be responsible for an employee's conduct within the scope of the job. A business may also be responsible for negligent hiring, training or supervision, for example keeping a bouncer with a known history of violence.
• Against a security companySome venues hire outside security firms. Their contract and their staff's training can matter.

Whether the force was reasonable, and whether the bouncer was acting within the job, depend on the facts. Video is often the most important evidence.

The 2023 law: the attacker's fault counts too

In 2023, Florida changed how negligent security cases are decided. Under section 768.0701, Florida Statutes, in a lawsuit against the owner or operator of a property for a third party's criminal act, the jury must consider the fault of everyone who contributed to the injury, including the person who committed the crime. That can reduce what a business pays, so the strength of the security evidence matters even more.

A negligent security lawsuit is separate from the criminal case

If someone attacked you, the police and prosecutors handle the criminal case against the attacker. A negligent security lawsuit is a separate civil claim against the business or property owner whose security failures may have helped make the attack possible.

You do not have to wait for the criminal case to finish to talk with a lawyer, and the outcome of the criminal case does not decide the civil claim. Florida also has a crime victim compensation program, run by the Attorney General's office, that may help eligible victims with some costs. It has its own rules, so ask about it early.

Evidence in a negligent security lawsuit

1. Video. Cameras inside, at the door and in the parking lot. Many systems record over footage after a short time.
2. Incident reports. Reports the venue and its security company wrote that night and on earlier nights.
3. Police reports and call history. Prior police calls to the address can help show foreseeability.
4. Staffing records. How many security staff were working, who they were and what training they had.
5. Security contracts and policies. What the venue promised to do and whether it did it.
6. Witnesses. Friends, other customers, rideshare drivers and anyone who recorded video on a phone.

A lawyer can send preservation letters so this evidence is not destroyed.

What to do after being attacked at a bar or nightclub

1. Get to safety and call 911. Get medical help right away. Head injuries can be serious even when you feel fine.
2. Report the crime. Ask for a police report and the case number.
3. Ask for an incident report. Get the names of the manager and the security staff on duty.
4. Photograph your injuries and the scene. Include the entrance, the lighting and the parking lot.
5. Note every camera. And ask friends to save any phone video.
6. Get witness contacts. Before everyone leaves.
7. Do not post about it. Insurers look at social media.
8. Speak with a negligent security lawyer. Early action helps preserve video and records.

How long do you have to file a negligent security lawsuit?

For most negligence claims from injuries after March 24, 2023, the time to file a lawsuit in Florida is generally two years from the date of the injury, under section 95.11, Florida Statutes. Some claims have different rules, such as wrongful death claims and claims against government agencies, which also require advance notice. Every case is different, so speak with an attorney to confirm the deadline that applies to you.

If you lost a loved one, see our wrongful death page.

Tomas Robirosa helps people hurt in negligent security incidents, falls and crashes across Miami-Dade, Broward and Palm Beach, and throughout Florida. Consultations are free, and there is no fee unless we recover for you. Se habla español.

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