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SUMMARY JUDGMENT FOR DEFENDANT Negligent security – Claimed failure of business tenant to provide adequate security at nightclub – Plaintiff shot on premises – Permanent paraplegia.

Miami-Dade County, FL

This case arose from a criminal battery where the plaintiff alleged he was shot in a nightclub owned by the defendant and leased to another entity. The plaintiff claimed that the defendant owner failed to provide adequate security at the premises to prevent the crime.

As a result of the shooting, the plaintiff was rendered a permanent paraplegic.

The defendant property owner argued that, under the terms of the lease, it had no control over the management of the business being conducted by the lessee, including its security. Since the shooting took place inside the premises (and therefore, outside the lessors’ control) the defense maintained that the defendant lessors could not be liable as a matter of law.The court agreed with the defendant’s position and granted final summary judgment for the defendant property owner.

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