Just because someone is a victim of a crime at an establishment doesn’t mean that a breach of duty is owed.
In the case of criminal liability with a criminal act, there are circumstances that are outside of the standard of ordinary care. Generally speaking there isn’t going to be liability on an owner/occupier of the property if in the exercise of ordinary care, they fail to discovery such acts are being done or likely to be done, or fails to provide adequate warning or protect against the harm. Generally, there is no duty to protect persons from criminal conduct caused by third persons. Duty may arise, however, if the criminal act was foreseeable.
Marlo Orlin Leach
Leach & Lowe LLC
- Managing member of Leach & Lowe LLC
- Focuses legal practice on tort, commercial, and environmental litigation
- Defends premises and product liability actions involving property damage and personal injury; including claims based on toxic torts, indoor air quality, and the manufacture and use of tools, machinery and chemicals
- Has spoken at national seminars on terms and conditions in purchase agreements and on warranties under Article 2 of the UCC
- Experienced in a variety of complex cases including business disputes, real estate and partnership disputes, RICO and fraud claims, breach of fiduciary duty claims, breach of warranty claims and complex contract matters
- Member of numerous professional and civic organizations
- J.D. degree, magna cum laude, Georgia State University College of Law; B.A. degree, Emory University
- Can be contacted at [email protected]
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