In an age of mass shootings and terrorist attacks, entertainment venues have a responsibility to implement stronger security measures to protect patrons. California, infamous for its nightlife, is home to thousands of bars, nightclubs and concert venues that are typically on guard for predictable bar fights, sexual assaults and other violent instances that can lead to personal injuries. Bars and nightclubs have a responsibility to protect their customers, but what liabilities do these venues have for unpredictable and unforeseeable violence such as the events of the Orlando Pulse nightclub shooting?

In the wake of the Pulse nightclub attack in June 2016, where a gunman opened fire, killing 49 people and injuring 50 other patrons, operators of large gathering spaces are re-examining their security procedures. The most common cause of action against bars and nightclubs for personal injuries suffered by patrons is negligence. In California, a plaintiff must establish all of the following elements in order to establish negligence: (1) the defendants had a legal duty to conform to a standard of conduct to protect the plaintiff; (2) the defendant breached its legal duty by failing to meet the standard of conduct; (3) the defendant’s breach was the proximate and legal cause of the resulting injury; and (4) the plaintiff was damaged, according to Ladd v. County of San Mateo, (1996) 12 Cal.4th 913, 917.

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