When Is Negligent Security a “Clear Liability” in Florida?
South Florida is famous for its nightclubs and nightlife. Unfortunately, sometimes the partying gets out of hand and can turn into violent confrontation among intoxicated individuals. Responsible club owners understand that they need to provide adequate security to protect their guests, especially while they are still on club property. Indeed, such businesses can be sued for negligent security if inadequate measures lead to violence.
Deadly Nightclub Brawl Leads to $3.35 Million Jury Verdict
On March 1, 2015, the Pride of St. Lucie Lodge 1189 was functioning as a bar and nightclub while hosting a weekend social event. Sometime around 1 o’clock in the morning, two groups of patrons started a fight on the Lodge’s dance floor. Lodge security removed the groups but left them in the facility’s parking lot unsupervised. A second fight almost immediately broke out between the two groups, which led to someone firing a gun, injuring and killing a woman.
The victim’s estate subsequently sued the Lodge for negligent security. The Lodge, in turn, informed its general liability insurer, Kinsale. The Lodge had a $1 million surplus liability with Kinsale, although it was subject to a $50,000 sub-limit for any claims arising from “assault and battery.” Kinsale waited until after the estate filed its lawsuit to tender a settlement offer for just the $50,000 sub-limit, which the estate rejected.
The estate took its case against the Lodge to trial. A jury ruled in favor of the estate on its negligent security claim and awarded approximately $3.35 million in damages. Kinsale later filed a separate lawsuit in federal court, seeking a declaration that it was not liable for the judgment. The estate and the Lodge counter-sued, arguing Kinsale acted in “bad faith” by refusing to settle the case before it went to trial.
Although a federal district judge granted summary judgment in favor of Kinsale, the United States Court of Appeals for the 11th Circuit reversed, holding resolution of the case was premature. In an April 2025 opinion, the appellate court explained that the question of whether the insurance company acted in bad faith turned on whether or not Lodge’s “liability was clear” before the estate decided to file its lawsuit.
The 11th Circuit concluded that a jury could find that liability was clear. The Court noted that under Florida law, the Lodge had a duty to protect patrons, which included “maintaining adequate security staffing to prevent foreseeable danger” on the establishment’s premises. More to the point, “A bar’s duty of care is particularly salient where, as here, the establishment itself ejects the feuding parties from the bar at the same time into the same general place.”
Contact a Miami Negligent Security Lawyer Today
Pursuing a bar or nightclub owner for negligent security is often just the first step in seeking compensation for victims. As the case above illustrates, there is often an additional round of legal action necessary to get the insurance companies to pay up. That is why it is important to work with an experienced Miami negligent security lawyer. Contact Pita Weber Del Prado in Miami today at 305-670-2889 to schedule a free consultation.
Source:
scholar.google.com/scholar_case?case=13903932788843027070
