People hurt in a violent crime at a mall or store usually have more questions than answers. Some wonder whether a lawsuit is even possible. Others worry about cost, timing, or whether the business will just blame the criminal. The answers below address what victims and families ask most often. Every situation is different, so a free case review is the best way to get answers specific to you.
Can I sue a mall after a shooting there?
Possibly. Malls actively invite the public onto large, busy properties and owe a duty to guard against foreseeable crime. Liability usually turns on whether the precautions matched the danger that the property's size, visitor traffic, and record of crime made predictable.
Is the mall really responsible for what a criminal did?
The criminal is responsible for the crime. A negligent-security claim addresses something else: the property's own failure to take reasonable precautions. Both can be true at once. If a business ignored obvious risks, it can be held accountable for its part in what happened.
What counts as reasonable security at a mall or store?
Generally, trained personnel, working surveillance, adequate lighting, and an emergency response plan, scaled to the property. Expectations rise at properties where shoplifting, brawls, or violent incidents have happened before.
What are the most common security failures?
Understaffing for the size and risk of the property, broken or unmonitored cameras, poorly secured entrances, loading areas, and parking structures, no coordinated emergency or active-threat plan, and ignoring a known pattern of crime.
I was hurt inside one particular store. Who is responsible?
Responsibility may be split between the tenant business and the shopping center, depending on who controlled security where the attack happened. Leases and security contracts often decide that. The firm reviews those relationships to identify every party that should be named.
Could anyone else be liable?
Yes. Depending on the facts, the property management company and any security contractor hired to protect the property may also be responsible.
What if I was attacked in the parking lot?
The duty extends to the lots and garages customers use. Parking areas are frequent sites of robberies and shootings because they are isolated and often poorly lit. If security there was inadequate, the business that controlled the lot may be liable.
What kinds of incidents do these cases involve?
Everything from active-shooter events to individual robberies and assaults, inside stores or out in the parking areas.
The attacker was never caught. Do I still have a case?
Potentially, yes. The claim is against the businesses whose security failed, not the attacker, so it does not depend on an arrest or conviction.
What can I recover?
Medical care and future treatment, lost income, and compensation for emotional trauma. In fatal cases, the family may pursue a wrongful-death recovery.
How long do I have to file?
Deadlines vary by state, and some can be short, especially when a government entity is involved. Separately, the evidence may disappear long before any legal deadline. Store and mall video can be lost within days.
Do I need to wait for the criminal case to finish?
No. The civil claim against the property is separate from any prosecution of the attacker. Criminal cases can take a long time, and waiting can let civil deadlines run and evidence disappear.
Will my case go to trial?
Many negligent-security cases resolve through settlement, but some go to a jury. Insurance companies tend to take a claim more seriously when they know the victim's lawyers are prepared to try it.
I live outside Florida. Can the firm still help?
The Haggard Law Firm is based in Florida and represents crime victims and families nationwide. Where a case is in another state, the firm can work with local counsel admitted there as needed.
Has the firm handled cases like mine?
The Haggard Law Firm has handled nearly 500 negligent-security cases. It obtained a $102.7 million verdict, the largest negligent-security verdict in U.S. history, in a case where a patron was left paralyzed after a shooting at a poorly secured Miami nightclub and shopping center. The firm also represented families of the Parkland school shooting. Results are gross figures and do not predict any other outcome.
Is there any cost to me?
No. The firm works on a contingency fee. There are no attorney's fees unless it recovers compensation for you.
What should I do first?
Get medical treatment, report the crime, and keep any records you have. Then call (305) 446-5700 for a free and confidential case review. The firm will listen to what happened and tell you honestly whether it sees a claim.
Attorney advertising. These answers are general in nature and are not legal advice; reading them or contacting the firm does not form an attorney-client relationship. Past outcomes do not guarantee future results.
