Recently, a Florida appellate court issued an opinion in a consolidated appeal arising from the tragic mass murders at the Pulse nightclub. The facts indicate that the shooter entered the nightclub shooting and injuring fifty-three patrons and killing forty-nine others. The survivors and decedents’ representatives filed a lawsuit against the company that hired the shooter to work as a “Custom Protection Officer.” The plaintiffs alleged that the defendant breached their duty to engage in an appropriate investigation of their prospective employees before hiring them, and this negligence created a foreseeable zone of risk to the general public.
In support of their claim, they provided evidence that the defendant knew that the man was dismissed from a corrections officer training class for making statements suggesting that he would bring a gun to class. Despite this knowledge, the defendant hired the man for a position that required him to obtain a Class G firearm license. The license requires a psychological evaluation, and the defendants submitted a fraudulent one on behalf of the man.
While the man was working for the company, the Sheriff’s Department demanded that the defendant terminate the man because he continually threatened his colleagues and claimed to be associated with various terrorist groups. About two weeks before the shooting, the man tried to purchase ammunition from a licensed gun dealer, but he was turned away. A week later, he brought his Class G license to a different retailer and purchased the guns that he used for the mass shooting. The plaintiffs maintain that the defendants owed them a legal duty because they were in the foreseeable zone of risk that the defendants created.