Family Sues Walmart After Loved One is Killed in Shooting

The family of a man who was shot and killed at a Lauderdale Lakes Walmart has filed a wrongful death lawsuit against the retail megalith on the grounds of negligent security. According to the lawsuit, the man was intervening in an assault that was occurring on the premises when he was shot and killed. A Walmart employee was being assaulted by another off-duty Walmart employee and the 42-year-old plaintiff intervened on her behalf. The Walmart employee who was being assaulted was the girlfriend of the off-duty employee who shot and killed the plaintiff. The plaintiff moved to intervene in the assault and was killed in the process.

The family contends that the shooting was Walmart’s fault for failing to provide adequate security to protect their employees and the public from harm during the holiday season.

What happened? 

According to witnesses the guy threw his girlfriend to the floor and began pounding on her. The decedent attempted to intervene on her behalf and the attacker pulled a gun on him, shooting him several times. He was described as a hero by his girlfriend.

Negligent security lawsuits 

Negligent security lawsuits are a form of premises liability lawsuit in which a plaintiff sues a company like a restaurant or a retail store for failing to protect them from foreseeable danger. In this case, the element of foreseeability is critical to the allegations of negligence. The plaintiff must establish that the proprietor knew or should have known that an incident like this could occur on their property. In other words, it must be predictable.

The plaintiffs will argue that their loved one was a Good Samaritan who attempted to intervene on behalf of a victim who was being viciously assaulted in public. Walmart nor any of its employees or security team moved to intervene on behalf of the victim. It was only the Good Samaritan who attempted to break up the fight. The plaintiffs will argue that if Walmart had ample security at the time, one of its own security guards could have aided the victim. But for the fact that the amount of security on its property was woefully inadequate, the defendant would still be alive.

The defense will argue that the incident occurring between two of their employees was not foreseeable or predictable. They will argue that the decedent chose to intervene on behalf of the assault victim and took on the risks of doing so when he made that choice. Walmart will likely attempt to claim that its security efforts met or exceeded the industry standard.

The plaintiffs will argue that their security efforts were inadequate. They can draw attention to other assaults that occurred on the premises as proof that Walmart had foreknowledge of potential dangers.

Talk to a Tampa, FL Negligent Security Attorney Today

 Florin Gray represents the interests of Tampa, FL residents who have been injured in premises liability incidents. Call our Tampa personal injury lawyers today to schedule a free consultation and learn more about how we can help.

Source:

wsvn.com/news/local/broward/family-of-man-killed-in-walmart-shooting-files-negligent-security-lawsuit/