Who is Liable for Injuries and Deaths from a Mass Shooting?

 Posted on May 06, 2025 in Personal Injury

Unfortunately, mass shootings have become so commonplace that they barely warrant a few days in the news cycle. Since 2013, the number of annual mass shootings across the nation has increased by 65 percent. The use of an assault weapon makes mass shootings four times more lethal.

If you are injured by a shooter at a public place, such as a music event, in a nightclub, restaurant, or any other type of public event, who bears liability for your injuries? The answer to this question can be complex and depends on the circumstances. If you are the victim of a mass shooting, it can be extremely beneficial to speak to a knowledgeable Joliet, IL personal injury lawyer.

Businesses and Individuals That Could Be Targeted in a Personal Injury Claim

Which people or entities are responsible for the resulting injuries and deaths from a mass shooting will depend on the specific circumstances but may include:

• The owner of a business or venue
• Promoters of an event
• Security firms
• Employers, if the incident occurs in a work situation
• Mental health providers, if they failed to act on statements made by the shooter
• Parents or relatives of the shooter who knew of his or her plans and failed to intervene
• Retailers or gun shops, if the shooter acquired the weapon illegally

In some instances, law enforcement could be held liable if there was a failure to investigate a shooter who clearly exhibited violent tendencies or if there was a failure to intervene in an active shooting incident.

Foreseeability Must Be Clear for a Business Owner to Be Liable

Business owners are usually not liable when a person is injured or killed on the owner’s property as a result of a criminal act by a third party. This is true unless the act could be considered foreseeable. Since mass shootings are, by their very nature, generally infrequent and unforeseeable, courts have held over the years that owners cannot be held responsible.

More recently, however, the increase in the number of mass shootings has opened owners up to the argument that they knew or should have known there was such a risk. MGM Resorts International paid an $800 million settlement in connection with the Las Vegas shooting, showing definite signs of a shift.

Can Insurance Be Purchased That Covers Mass Shooter Casualties?

Although most general liability insurance policies do not cover mass shootings, it is definitely a sign of our times that more organizations are beginning to carry a special type of insurance known as "active shooter insurance." These policies help pay for medical expenses, the cost of a disability, counseling expenses, and funeral and death benefits for victims. Not only do most businesses and schools now have a security plan to deal with mass shooters, but these same businesses and schools have begun carrying active shooter insurance.

Are Gun Manufacturers Liable for Mass Shooting Injuries and Deaths?

Although gun manufacturers have largely been protected since 2005 under the Protection of Lawful Commerce in Arms Act (PLCAA), this is also changing. Following the Sandy Hook Elementary School shooting in 2012, the families of nine victims sued the manufacturer of the gun used in the shooting (Remington), claiming the product should never have been sold to the public. The U.S. Supreme Court declined to hear the case, and the company agreed to a $73 million settlement with the families in 2022

Contact a Will County, IL Personal Injury Lawyer

There’s nothing normal about mass shootings, yet their frequency has changed the security standards that are now expected from business owners. Speaking to a Joliet, IL personal injury attorney from McNamara Phelan McSteen, LLC can help you determine who is liable for your injuries following a mass shooting. Our firm is a midsize, aggressive law firm with significant experience in a variety of fields; cases are handled specifically by attorneys with applicable experience. Call 815-727-0100 to schedule your free consultation.