Parade Shooting Aftermath: Victims and Organizers Fight Insurer’s Lawsuit – What Are Your Rights?

Mass shootings are horrific events that leave a trail of devastation, impacting victims, their families, and entire communities. The aftermath of such tragedies often involves complex legal battles, especially when insurance companies attempt to deny coverage. This blog post delves into the rights of victims and event organizers in the wake of a parade shooting, focusing on the legal challenges and potential avenues for recourse.

The Kansas City Chiefs’ Super Bowl Parade Shooting: A Case Study

The mass shooting that occurred at the Kansas City Chiefs’ Super Bowl victory parade in February 2024 serves as a stark reminder of the potential for violence at public events. The incident resulted in one death and over 20 injuries, leaving victims and organizers grappling with the physical, emotional, and financial consequences.

In the aftermath, several victims filed lawsuits against the Kansas City Sports Commission (KCSC), the City of Kansas City, Union Station Kansas City, and other entities, alleging negligence and failure to provide adequate security. These lawsuits claim that the defendants did not implement sufficient safety measures, despite having done so for similar large-scale events in the past.

Insurer’s Attempt to Avoid Coverage

Cincinnati Specialty Underwriters (CSU), the insurance company that provided a special event commercial general liability policy to the KCSC, has filed a complaint asserting it has no obligation to defend or indemnify the sports commission in the lawsuits arising from the shooting. CSU argues that the policy’s assault and battery exclusion bars the claims brought by the shooting victims. This exclusion typically applies to bodily injury claims resulting from a failure to prevent or suppress such incidents, including those related to negligent supervision or training.

The policy in question had a $1 million per-occurrence limit and a $5 million aggregate limit, and it named both the City and Union Station as additional insureds. However, CSU contends that the assault/battery endorsement excludes coverage in the event of failure of any insured to prevent or suppress assault or battery or negligent employment, supervision, training.

Victims’ and Organizers’ Fight Against the Insurer

In response to CSU’s attempt to avoid coverage, the shooting victims and event organizers have filed motions to dismiss the insurer’s lawsuit. They argue that a related state court case in Jackson County, Missouri, involving the same parties and the same insurance policy, should take precedence. The victims contend that resolution of the state court action will fully resolve the federal action and that the state court has priority to hear the case under the doctrine of abatement.

The event organizers, including the Greater Kansas City Sports Commission, O’Neill Events and Marketing, Flyover Event Co. LLC, and the city of Kansas City, Missouri, argue that the federal and state court actions raise the same questions regarding Cincinnati’s obligations under the policy. They assert that this overlapping inquiry, being litigated among the same parties in different forums, creates parallel proceedings.

Understanding Your Rights as a Victim

If you or a loved one has been affected by a parade shooting or similar mass shooting event, it is crucial to understand your legal rights. Here are some potential avenues for recourse:

Negligence Claims: Victims may be able to file negligence claims against event organizers, property owners, security companies, and other entities that failed to provide adequate safety measures. To succeed in a negligence claim, it must be proven that the defendant owed a duty of care to the victim, breached that duty, and that the breach caused the victim’s injuries.
Wrongful Death Claims: In the event of a fatality, the victim’s family may be able to file a wrongful death claim to recover damages for their loss. These damages may include funeral expenses, medical bills, lost income, and emotional distress.
Personal Injury Claims: Survivors who have suffered physical or emotional injuries can file personal injury claims to seek compensation for their damages. This compensation may cover medical expenses, lost wages, pain and suffering, and long-term care needs.
Premises Liability: Property owners have a responsibility to maintain a safe environment for visitors. If a shooting occurs due to inadequate security or other negligent conditions, the property owner may be held liable.
Product Liability Claims Against Gun Manufacturers: While the Protection of Lawful Commerce in Arms Act (PLCAA) generally shields gun manufacturers from liability, there are exceptions. Manufacturers may be held liable if they knowingly violate state or federal law in the marketing, sale, or distribution of guns used in mass shootings. For example, if a gun manufacturer deceptively markets their products to appeal to individuals with violent tendencies, they may be held liable for the resulting harm.

The Role of Event Insurance

Event organizers often purchase insurance policies to protect themselves from liability in the event of an incident. These policies may include commercial general liability coverage, which can provide protection against claims of bodily injury, property damage, and personal injury. However, as the Kansas City Chiefs’ Super Bowl parade shooting case illustrates, insurance companies may attempt to deny coverage based on certain exclusions in the policy.

It is essential for event organizers to carefully review their insurance policies to understand the scope of coverage and any potential exclusions. They should also work with their insurance brokers to ensure they have adequate coverage for foreseeable risks.

“Active Shooter” Insurance

In light of the increasing frequency of mass shootings, some insurance companies now offer “active shooter” insurance. This type of coverage is designed to cover expenses typically associated with gun violence incidents that are not covered by more traditional insurance offerings. Active-shooter insurance can provide liability protection when lawsuits arise, as well as coverage for costs related to crisis management, media coverage, emergency response services, on-site counseling, and funeral expenses.

Navigating the Legal Complexities

The legal aftermath of a parade shooting can be incredibly complex, involving multiple parties, insurance policies, and legal doctrines. Victims and event organizers need to seek guidance from experienced attorneys who can help them navigate these complexities and protect their rights.

An attorney can:

Investigate the incident to determine all potential sources of liability.
Gather evidence to support your claim, including witness statements, security camera footage, and police reports.
Negotiate with insurance companies to reach a fair settlement.
Represent you in court if a settlement cannot be reached.

Complementary Keywords

Injuries
Laws
Jurisdictions
Lawyers
Enforcement
Negligence
Liability
Damages
Compensation
Settlement
Litigation
Insurance claim
Policy exclusion
Duty of care
Foreseeability

Open-Ended Questions to Spark Engagement

What steps can event organizers take to enhance security and prevent future tragedies?
How can communities support victims of mass shootings and help them heal from the trauma?
Should gun manufacturers be held liable for the misuse of their products in criminal acts?
What role should insurance companies play in providing coverage for mass shooting events?

Conclusion

The aftermath of a parade shooting presents numerous legal challenges for victims and event organizers. Understanding your rights, seeking legal guidance, and carefully reviewing insurance policies are crucial steps in navigating these complexities. While no amount of money can undo the pain and suffering caused by such tragedies, pursuing legal action can help victims obtain the compensation they need to rebuild their lives and hold accountable those responsible for their harm.