Shopping malls and retail centers are designed to welcome large numbers of customers to their many stores, restaurants, and entertainment venues. Unfortunately, malls and retail shopping centers have also become locations for numerous types of violent crimes, including shootings.
Property owners must provide reasonable security measures to protect shoppers from foreseeable criminal activity. Otherwise, shootings can happen on the premises and give victims a negligent security claim.
Shopping Centers and Security Measures They Must Take
Retail property owners have a legal duty to protect their guests (also called “invitees”). They must take reasonable precautions to protect visitors from foreseeable criminal activity.
This duty applies to:
- Mall entrances a
- Parking lots and parking garages
- Storefront walkways
- Common corridors
- Food courts and gathering areas
- Outdoor retail plazas and surrounding sidewalks
A property owner may become aware of crime risks through prior incidents, reports of suspicious behavior, or the inherent risks of operating a shopping mall.
What Security Failures Happen at Retail Properties?
Large shopping centers require proactive security measures to deter violent crime. When those precautions are missing or poorly implemented, the risk of shootings and other violent incidents can increase significantly.
Security failures that may contribute to a retail shooting include:
- Poor lighting in parking lots or walkways
- Lack of security screening or bag checks during high-traffic events
- Insufficient security patrols
- Inadequate surveillance camera monitoring
- Failure to respond to prior violent incidents at the property
- Lack of emergency response procedures for active threats
Property owners aren’t required to take all available security measures to prevent crime. However, they are expected to take reasonable precautions that help increase the safety of guests.
Who Are the Liable Parties in a Mall Shooting Case?
Negligent security claims involving mall and retail stores often focus on whether property owners/managers failed to provide adequate security.
These claims don’t just focus on the shooter; they may include:
- Shopping mall owners
- Property management companies
- Retail tenants responsible for specific store areas
- Private security companies hired to patrol the property
- Event promoters hosting large retail events
In many cases, multiple parties share responsibility for maintaining security at a retail property. An investigation may be necessary to uncover which ones bear liability.
Do I Have Legal Rights After a Mall or Retail Shooting?
If you or a loved one was injured during a mall or retail shooting, you may be eligible to file a negligent security claim. These cases hold property owners accountable for inadequate security measures that led to the shooting.
If your claim is successful, you may be able to recover money for:
- Medical expenses
- Lost income
- Reduced earning capacity
- Physical therapy and rehabilitation
- Pain and suffering
- Emotional distress
- Scarring and disfigurement
- Reduced quality of life
- Loss of consortium
- Wrongful death damages
A mall and retail shooting attorney can help you manage all aspects of your claim, from initial filings to investigating what went wrong and who is liable.
If you are considering taking legal action after a shooting, contact Hampton & King or call (713) 352-7214 today to learn more about your rights. We offer free consultations.