Hall v. Billy Jack's, Inc

In Hall v. Billy Jack's, Inc., 458 So. 2d 760 (Fla. 1984), the plaintiff was hit over the head with a pool cue by another patron in the parking lot of Billy Jack's Lounge. 458 So. 2d at 761. Hall sought damages against Billy Jack's for the assault on a negligence theory (Hall did not pursue a dram shop liability claim). Id. The jury awarded damages but the intermediate appellate court reversed, holding that no evidence supported a finding that Billy Jack's knew or should have known that Hall would be attacked without provocation. Id. The Supreme Court of Florida reversed, stating that although "a tavern owner is not required to protect the patron from every conceivable risk," the tavern owner owes "a duty to protect against those risks which are reasonably foreseeable." Id. The Court explained that "foreseeability may be established by proving that a proprietor had actual or constructive knowledge of a particular assailant's inclination toward violence or by proving that the proprietor had actual or constructive knowledge of a dangerous condition on his premises that was likely to cause harm to a patron." Id. The Court continued: "A dangerous condition may be indicated if, according to past experience (i.e. reputation of the tavern), there is a likelihood of disorderly conduct by third persons in general which might endanger the safety of patrons or if security staffing is inadequate." Id. at 762. The Florida Supreme Court remanded the case to the lower court on the foreseeability question, i.e., to determine whether Billy Jack's knew or should have known of a risk of harm that existed on its premises. Id.