After 2019 shooting, lawyer sued Fayette Mall for ’negligent security’

Published: Aug. 28, 2020 at 10:16 PM EDT
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LEXINGTON, Ky. (WKYT) - Friday marks the first day Fayette Mall’s new escort policy is in effect.

Following Sunday’s shooting—shoppers younger than 18 must be accompanied by a parent or guardian Friday through Sunday.

A Lexington lawyer said the mall should do more to protect its patrons, to abide by the law.

Lisa Circeo, partner at Circeo Fannin, PSC, represents a victim of a previous shooting at Fayette Mall. Last year, three people were injured after a shooting outside of Bar Louie.

Circeo filed a lawsuit on behalf of that victim, Marcus Littleton, against the mall, for what she calls negligent security.

WKYT reached out to Fayette Mall’s representative, but they could not comment on legal matters.

The complaint breaks down other reported incidents at the mall from the last 5 years, including robberies, shoplifting and rape.

“If there is a history of violent crime and a failure to take appropriate measures to deter violent crime, then a business owner fails in their duty to their customers,” Circeo said.

She explained it’s a business owners’ duty to implement protocols that prevent future incidents and protect patrons.

“The law doesn’t require the business owner to anticipate that particular shooting, or that particular act of violent crime,” Circeo said. “If they’re on actual notice of repeated acts of violent crime, you need to take action to help prevent and deter in the future.”

As for the extended escort policy, she said it’s not enough.

“You’ve got to have trained security personnel, adequate trained security personnel, and a very good active shooter policy, and trained personnel that know how to implement that policy, that know how to recognize when there’s dangerous activity,” she said.

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