DUTY TO PROVIDE ADEQUATE PROTECTION - LANDOWNERS' LIABILITY FOR FAILURE TO PROTECT PATRONS FROM CRIMINAL ATTACK

• NCJ Number: 66169
• Journal: Arizona Law Review Volume: 21 Issue: 3 Dated: (1979) Pages: 727-754
• Author(s): M J BAZYLER
• Date Published: 1979
• Length: 28 pages
• Corporate Author: University of Arizona
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

EXAMINING RISING RATES OF CRIMINAL ATTACKS ON COMMERCIAL ESTABLISHMENTS, THIS ARTICLE DISCUSSES THE PATRON VICTIMIZATION PROBLEM, AND THE FAILURE OF TORT LAW TO PROTECT PATRONS, AND PROPOSES A NEW TORT ANALYSIS.

Abstract

THE NEW TORT ANALYSIS WOULD REDEFINE THE LANDOWNER-PATRON RELATIONSHIP IN A WAY THAT WOULD ENCOURAGE LANDLORDS AND BUSINESS OWNERS TO TAKE ADEQUATE BUSINESS SECURITY PRECAUTIONS. CONSIDERED AS A GROUP, COMMERCIAL ESTABLISHMENTS HAVE INADEQUATE GATE AND GUARD SERVICE, LACK PROPER ANTITHEFT DEVICES, AND FAIL TO PROVIDE PROPER LIGHTING TO PROTECT THEMSELVES AND THEIR PATRONS AGAINST CRIMINAL ATTACK. THESE FAILURES ARE A SIGNIFICANT FACTOR CONTRIBUTING TO THE CRIME PROBLEM. A DIRECT SOLUTION IS NEEDED, INVOLVING REDUCED ENVIRONMENTAL OPPORTUNITIES FOR CRIME. TORT LAW COULD FORCE LANDLORDS TO UNDERTAKE SUCH MODIFICATIONS ON THEIR PROPERTY AS INSTALLATION OF ALARM SYSTEMS AND IMPROVED LOCKS, BETTER LIGHTING, ETC. CURRENTLY, HOWEVER, VICTIMS OF CRIMINAL ASSAULT ON A LANDOWNER'S PREMISES CAN RECOVER FOR LOSS OF PROPERTY OR INJURY ONLY ON THE BASIS OF 'SPECIAL RELATIONSHIP' NOTIONS, ENTAILING PROOF THAT THE LANDOWNER HAD SOME DUTY TO PROTECT THE PATRON BECAUSE OF THIS RELATIONSHIP, AND THE GENERAL RULES OF NEGLIGENT CONDUCT, ONLY APPLICABLE IF IT CAN BE DEMONSTRATED THAT THE LANDOWNER WAS AWARE OF THE DANGER PREVIOUS TO ITS OCCURRENCE AND DID NOT ATTEMPT TO PROTECT THE CUSTOMER. NEITHER OF THESE APPLICATIONS HAS BEEN SUFFICIENT TO PROTECT THE PATRON ASSAULTED ON A COMMERCIAL PREMISES, AS IS ILLUSTRATED IN CASE LAW. INSTEAD, A NEW ANALYSIS OF LANDOWNER-PATRON RELATIONSHIP SHOULD BE ADOPTED. THE TORT LAW, BY TAKING ACCOUNT OF THE 'INTERESTS' OF THE INVOLVED PARTIES IN THE LANDOWNER-PATRON SITUATION, WOULD IMPOSE A DUTY ON THE LANDOWNER TO TAKE ADEQUATE PRECAUTIONS FOR THE SAFETY OF HIS PATRONS AGAINST CRIMINAL ATTACK BY THIRD PARTIES. WILE CASES ON THE FRONTIERS OF TORT LAW INDICATE THAT COURTS MAY BE RECEPTIVE TO THE ESTABLISHMENT OF THIS DUTY, ONE CASE, THE SAMSON NEGLIGENCE STANDARD, ADVANCED A PRACTICAL TEST FOR ITS APPLICATION. CASE LAW IS CITED, AND PRACTICAL APPLICATIONS PLUS COST CONSIDERATIONS OF THE PROPOSED ANALYSIS ARE DISCUSSED. REFERENCES ARE INCLUDED. (DAG)