BlogLine

Avoiding plaintiff’s verdicts for the intentional actions of another

3/3/25

By: William P. Bodycot

In early February 2025, a New Jersey Bergen County jury awarded the victim of a shooting at an event space and bar in Teaneck, New Jersey a total of $3 million. The shooter, who had been forcibly removed from the location earlier that night, took a gun from a bag he was carrying and fired after the victim exited the event space. The plaintiff was shot in the temple and was left blind in his left eye and legally blind in his right eye.  

This jury verdict highlights an interesting fact pattern for a personal injury claim in which the property owner, entity, or employees are found liable for the intentional actions of another. In this case, the jury found the organizer of the event liable, even though the shooting took place outside of the venue and not on the organizer’s property.  

This type of case sheds light on the vulnerabilities property owners and event organizers may face when it comes to potential litigation for injuries on their properties at the hands of an intentional act from a separate individual.  

Here, the shooter was allowed into the venue despite his intoxication. The security guard at the entrance failed to find a weapon in the shooter’s possession, which allowed the plaintiff’s attorney to argue there was inadequate security. An argument ensued inside where the shooter stated that he handled confrontation with violence, particularly with firearms, and threatened further violence. With all of this occurring with two police officers stationed near the location, the jury also decided that the police should have been alerted by the defendants. 

The lawyer for the plaintiff argued that the security guard and the establishment should have identified and prevented the intoxicated customer from entering their location. The jury agreed and determined that the actions of the shooter during entry and just before leaving the venue represented key failures in preventing this tragedy by the property owner, security team, event organizer, and police department.  

Businesses and property owners should evaluate the controls they have in place to deter undesirable persons and to involve law enforcement when appropriate. 

Many intentional acts are impossible to prevent but given that juries can find a defendant liable based on many factors, property owners and event coordinators should take extra care to have a system of safety measures in place to avoid cases and verdicts like this one. The addition of further security and training can help businesses and other potential defendants in tort actions avoid liability and large verdicts.  

For more information, please contact William P. Bodycot at william.bodycot@fmglaw.com or your local FMG attorney.