Can I sue a business if I got shot on their property in New Orleans?

March 24, 2021

Shooting victims often face an uphill battle with recovery due to the severity of their injuries, and unfortunately, New Orleans sees plenty of these types of victims.

While a criminal case against the shooter might give you some peace of mind, it typically won’t do anything to pay the medical bills associated with your injuries.

Under certain circumstances, these victims can seek compensation from a third party for their injuries. Wright Gray Louisiana personal injury attorneys can guide you in knowing whether your situation might qualify for a lawsuit to seek financial damages.

Inadequate security and shootings in New Orleans

Premises liability laws outline what a business must do to protect its visitors. Businesses have a responsibility to maintain a safe and secure property for their customers to prevent harm. 

Some shootings can be prevented with proper building security. Failing to provide effective security could mean that the courts would find the property owner negligent in serving their duty of care toward their visitors.

If you were shot on a third party’s property, you might be able to pursue financial damages against the property owner. Depending on the type of property in question, the following preventative measures could help avoid violence on the property:

  • Adequate lighting in the parking lots and near the entrance to the building
  • Security cameras and signs indicating that cameras are in use
  • Security guards patrolling the area and removing loiterers or other suspicious individuals
  • Metal detectors to prevent people from carrying weapons into the building
  • Proper emergency exits to allow people to leave in the case of a dangerous situation or shooting event

Where could these types of third-party shootings happen?

An example of a case when a victim or the victim's family could pursue damages against a third party includes shooting violence at stores, restaurants or bars. If the property owner did not properly secure the building to prevent such violence, the victim could pursue damages.

Common locations that face lawsuits for premises liability claims for shootings include:

  • Public event venues, such as arenas or open-air festival locations
  • Bars, nightclubs, restaurants and convenience stores
  • Parking lots and garages that lack monitoring of who is coming and going and adequate lighting
  • Apartment buildings with poor security for their residents
  • Schools and universities
  • Shopping malls

Foreseeability in shooting cases

Every industry has a set of standards for security. And depending on the property's location and characteristics, the property owner might have some additional areas of security concern.

In some cases, the property owner has done an adequate job of security, but still faces violence on their property. After such an incident that shows a gap in security, the property owner has a heightened expectation of closing gaps in the property’s security.

Failing to do so and facing another shooting or violent crime on their property could show that the property owner was negligent. 

The same is true for events or event venues that have experienced previous violence. Now that violence is foreseeable, and the property owner should do all in their power to reduce the chances of encountering the same problem again.

Foreseeability is one of the things that your Wright Gray Louisiana attorneys will evaluate when discussing your case with you. Your legal team will research other crimes in the area near where you were shot to see what actions the property owner should have taken in light of recent events.

Wright Gray New Orleans personal injury attorneys

Wright Gray is your team of trusted New Orleans personal injury attorneys. We offer a free consultation to get to know you and the circumstances surrounding your injuries. We’ll give your case the care and attention that it deserves. 

Schedule your free consultation now to get started on your road to financial recovery.