Strip Club Operator acquitted of Premises Liability Charges
A male patron of a strip club suffered fatal injuries after he was shot by a security guard after being removed from the premises. However, the premises in question concerns the parking lot outside the strip club, where a fight that had broken out among some of the men that were waiting in line to enter the strip club continued. The off-duty security guard, who had returned to the club for personal reasons, noticed the situation and tried to help a man involved in the fight off the ground. At about that time, the business operator on duty ordered the men involved in the fight off the premises and notified the authorities. One of the men that took part in the fight, left, and returned shortly after bearing a firearm. When the off-duty security noticed the situation, in which several men were armed, upon trying to break up the fight, he drew his weapon and shot the alleged instigator. The shooting victim’s parents pressed charges and a premises liability lawsuit was presented, claiming that the strip club owner or operator, owed a duty to protect the man who was shot from injuries. The case went to trial and the court ruled in favor of the strip club on the grounds that the victim was not a patron at the time of the incident, and that the premises can only be held liable for the injuries to actual customers or guests. Upon being told to leave the premises, the court ruled that the plaintiff was no longer a customer, especially when he returned bearing a firearm.
The ruling was based on the Restaurant of Torts – Section 315.