Liability for Third Party Crimes
While injury claims on the road and at work are clear, third party crimes are different. Rather, can someone be liable for third party crimes cause your injury? Hence, the answer depends on the individual facts of your case. Furthermore, it depends on the duty owed to the person harmed. And finally, it depends on what that person did to meet that duty. Lord v. D & J Enterprises, Inc. is a case where this issue is clarified by the Court.
Case Facts
D & J operated businesses involving check cashing, pay day lending, and motor vehicle title lending. While it had iron bars over windows and bulletproof glass, little was done to protect customers. Lord went to this location to get money wired to her. As she approached the teller’s window, a man seated nearby stood. He then pulled out a pistol, shot Lord in the head and back, and tried to rob the location.
Lord sued D & J for negligence. She argued D & J breached its duty to her to use reasonable care for her safety. She said D & J failed to use security features such as a security guard on site. D & J countered that it had no duty to protect Lord from the injuries caused by the man’s criminal act. Also, the company argued that a security guard would not have prevented the harm. Lord then claimed that D & J personally knew about the man’s prior armed robberies and related shootings. Thus, they appreciated the threat he posed yet failed to prevent the threat. The trial court found for D & J and dismissed the case. Lord then appealed.
The Supreme Court agreed with Lord and overturned the dismissal. The Court applied a balancing test that balances the foreseeability of a crime with the cost of preventing it. The court held that Lord offered enough evidence to show that this test could come out in her favor. Thus, the court reversed the dismissal and sent the case to trial.
So When Is Someone Liable
Because this issue is legally complex, consult our Fort Mill personal injury lawyers for help. While it may seem morally right, the law is not so clear. Furthermore, juries have difficulty holding another person or business responsible for criminal acts.