Is A Property Owner Liable When A Fight Breaks Out Between Guests?
Private property owners typically have a legal responsibility to keep their premises “reasonably safe” for invited guests. This means that the owner must take reasonable steps to protect their guests from foreseeable hazards, including possible criminal activity. At the same time, however, the owner is not required to absolutely “insure” guest safety. Federal Appeals Court Rejects Negligent Security Claim Against Cruise Ship Operator A recent decision from the U.S. 11th Circuit Court of Appeals, Fuentes v. Classica Cruise Operator Ltd., Inc., illustrates the limits of such “negligent security” claims. This particular case arose on a cruise ship. Specifically, one passenger assaulted another passenger. The plaintiff in this case took a cruise with his wife on the defendant’s ship. One night, there was a verbal altercation between the plaintiff and another passenger. This encounter did not lead to any physical confrontation. The next morning, however, as the passengers disembarked the ship, the plaintiff again encountered the other passenger. The plaintiff said the other passenger was trying to cut the line to disembark. This led to another verbal altercation. One of the ship’s security officers noticed this exchange, radioed for backup, and approached the two men. The security guard advised both parties to “calm down.” But the other passenger quickly turned and punched the plaintiff in the face. A fight ensued and the plaintiff was knocked to the ground. The plaintiff subsequently filed a negligent security lawsuit against the defendant. A federal court in Florida granted summary judgment to the defense after finding there was no evidence that the cruise ship company could have reasonably foreseen this incident. On appeal, the 11th Circuit agreed. The appellate court explained this case was governed by federal maritime law as opposed to state personal injury law, although the principles governing these types of claims are largely the same. Essentially, the plaintiff must prove that the defendant’s employees could have reasonably foreseen a passenger-on-passenger attack. Typically, a cruise line is on notice of such risks based on prior incidents. For example, the 11th Circuit cited a prior case where a cruise operator was “on notice” that passengers could be injured in a port of call with a well-known reputation for criminal activity. In that case, the passenger could sue the cruise line after being shot by a local criminal gang. In this case, however, the defendant had neither actual or constructive notice that the plaintiff could be attacked by another passenger. For that matter, a security guard did intervene during the second verbal altercation but the attacker acted too quickly and without warning for ship security to respond. Under these circumstances, the 11th Circuit said the cruise operator could not be held legally responsible for the plaintiff’s injuries. Speak with a Florida Negligent Security Lawyer Today If you have been injured on someone else’s property and you believe the owner took insufficient action to prevent your damages, it is best to speak with a qualified Florida private security attorney as soon as possible. Contact HD Law Partners today to schedule a free consultation. Source: media.ca11.uscourts.gov/opinions/pub/files/202014639.pdf Posted in Uncategorized | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us