Another tragic, senseless shooting at a public place where the deranged killer afterward took his own life. This AP story outlines the breaking news.
The question will certainly come as to what could have been done and even whether or not the club could have prevented this incident. The key to any question like this is foreseeability. Any premises liability question hinges on this and in Tennessee, there is a balancing question as to whether the burden of preventing such an accident is greater than the gravity of harm. Here, I cannot imagine how this could be foreseeable, this was such a random event.
However, if this were a restaurant where a muddy, slippery entrance was allowed, and the burden of preventing a fall would simply be to improve the walkway, the balance shifts to the premises owner. Or a bar in a high crime area could prevent a shooting by hiring a security guard to work nights, or a downtown mall hiring roving security for the parking lots. In these cases, the burden of some kind of preventative measure is far less than the gravity of the potential harm.
The key is foreseeability and in the suburban club shooting, could this have been anticipated or any kind of contingency plan made? It is unlikely.
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