Premises Liability: Can Companies Be Sued for Violent Assaults?

Violent crime is on the rise. If a violent assault takes place in your business, your company may be held liable. Recent rulings show that lawsuits against businesses after violent crimes have had mixed results. Strong security measures may be needed to protect the people in your business and to reduce your liability.

Recent Increases in Violent Crime

The FBI says that violent crime increased in 2020. Compared to 2019, 67,000 additional violent crimes occurred in 2020, and homicides jumped by 30%.

It appears that violent crime has continued to increase since then, at least in certain areas. Fox News Digital looked at crime data from multiple metropolitan areas and found that violent crime has increased from 5% to 40% in 2022.

There have also been more reports of organized retail crime. According to Buy Safe America, these crimes sometimes turn violent; 86.2% of retailers say an associated has been verbally threatened and 75.9% say an associate has been physically assaulted.

Active shooter incidents are up, as well. The FBI says that active shooter incidents increased by 52.5% between 2020 and 2021. Areas of commerce are the most likely to be targeted by an active shooter, and nearly half of all 2021 active shooter incidents occurred in a business environment that was open to pedestrians.

Liability After a Violent Assault

After a violent incident, victims and their families may file lawsuits against the business where the attack occurred. These lawsuits frequently claim that the business failed in its duty to maintain a safe environment.

Courier News says that at least three lawsuits have been filed against a Kroger grocery store over a shooting that occurred in 2018. The lawsuits claim that the company had no policy preventing people from carrying firearms in the store despite previous shooting incidents.

Lawsuits against businesses where violent assaults have occurred are not always successful. According to ABC 57 News, a negligence lawsuit was filed against Martin’s Supermarkets after a customer fatally shot a woman in the store, but the judge ruled in favor of Martin’s Supermarkets, ruling that the shooting could not be considered foreseeable and the business had no duty to protect.

However, some lawsuits have been successful. A Georgia court has upheld a $42.75 million verdict against CVS Pharmacy over a shooting that took place in the parking lot. According to Legal Newsline, a man was shot multiple times and experienced severe and long-term injuries, and the lawsuit alleged that CVS failed to implement adequate lighting, security guards and other basic security measures despite previous armed robberies. Employees had previously requested security guards, and some employees testified that they were not surprised someone had been shot on the premises.

Increasing Security and Limiting Premises Liability

Businesses may face premises liability lawsuits after a violent incident. Whether or not these lawsuits are successful, the trial will require resources, and the company’s reputation may be negatively impacted.

Implementing basic security measures may help prevent violent incidents and reduce liability. This may be especially important in areas that are known to have high crime rates. Due to recent increases in violent crime, this may include more areas than it used to.

This is a good time to review your security measures. Here are some issues to consider:

Do you provide adequate lighting? Don’t forget about parking lots, dumpsters, back exits and alleys around the business.
Do you have security cameras? According to the Municipal Technical Advisory Service, surveillance cameras have been shown to reduce vehicle crime in parking garages. Surveillance cameras are most effective at preventing other types of crime when combined with other security measures.
Do you have security guards? If not, consider whether security guards are needed, taking local crime rates and previous incidents into account.
Do your policies and procedures prioritize safety? For example, do your policies require employees to enter unsafe areas on their own to take out garbage?
Have you trained your staff on how to respond to incidents safely? Workers should know what to do if they see or suspect a crime or if a violent attack occurs.
Do your employees feel safe? If your employees are requesting additional security and you are ignoring these requests, this information could be used to establish liability.

Strong security measures and safe policies may help your business reduce its liability if a violent assault occurs. However, with violent crime on the rise, having solid insurance is more important than ever. BNC can help your business manage risks and secure insurance coverage. Learn more.