NCJ Number
47515
Journal
Trial Volume: 14 Issue: 6, Dated: (JUNE 1978) Pages: 39-41,58-59
Date Published
1978
Length
5 pages
Annotation
WHILE COMMON LAW TORT PRINCIPLES GIVE VICTIMS A RIGHT OF ACTION AGAINST AN ASSAILANT, MOST CRIMINALS ARE JUDGMENT-PROOF. THEREFORE, THE AREA OF THIRD-PARTY LIABILITY IS GROWING INTO A MAJOR FORM OF TORT ACTION.
Abstract
UNTIL THE LATE 1970'S, THIRD-PARTY LAWSUITS, PARTICULARLY THIRD-PARTY SUITS ARISING FROM CRIMINAL ACTIVITIES, WERE SELDOM WON BY THE PLAINTIFF. SINCE THEN, COURTS HAVE AWARDED DAMAGES ON FINDINGS OF NEGLIGENCE AGAINST CORRECTIONAL OFFICIALS, PROBATION/PAROLE OFFICERS, AND LANDLORDS. THE CORRECTIONAL AND PROBATION/PAROLE OFFICIALS GENERALLY RELEASED OR FAILED TO SUPERVISE OFFENDERS WITH HISTORIES OF VIOLENT CRIME. SUBSEQUENTLY, THE OFFENDERS KILLED A RELATIVE OF THE PLAINTIFF. IN THE LANDLORD CASES, BUILDING SECURITY GENERALLY WAS PROVEN INADEQUATE. VICTIMS OR RELATIVES OF VICTIMS ARE INCREASINGLY TURNING TO THIRD-PARTY SUITS BECAUSE MOST CRIMINALS ARE JUDGMENT-PROOF. MOST CRIMES ARE COMMITTED BY THE POOR, AND A PERSON IN PRISON HAS FEW ASSETS WHICH CAN BE SEIZED. THIRD PARTIES, HOWEVER, MAY BE COLLECTABLE IF THE VICTIM CAN PROVE THE DEFENDANT'S NEGLIGENCE. A MAJOR PROBLEM IN SUITS INVOLVING CORRECTIONAL PERSONNEL OR PROBATION/PAROLE OFFICERS IS THE DOCTRINE OF SOVEREIGN IMMUNITY. THIS OBSTACLE HAS BEEN SURMOUNTED BY PROVING GROSS NEGLIGENCE IN THE RELEASE OF A PRISONER WITH A HISTORY OF VIOLENT BEHAVIOR. SUCH RULINGS TEND TO INDICATE THAT, WHILE THE EXERCISE OF CUSTODIAL DISCRETION WILL BE PROTECTED, THE ABUSE OF THAT DISCRETION NO LONGER WILL BE TOLERATED. SIMILAR REASONING HAS PREVAILED IN THIRD-PARTY SUITS AGAINST LANDLORDS OR OTHERS RESPONSIBLE FOR BUILDING SECURITY. SUITS HAVE BEEN WON IN WHICH LANDLORDS FAILED TO PROVIDE SECURITY LOCKS, HIRED EX-OFFENDERS WITH RECORDS OF SEX OFFENSES TO WORK IN APARTMENT COMPLEXES INHABITED MAINLY BY YOUNG WOMEN, AND FAILED TO WARN OF THE POSSIBLE DANGER OF CRIME. OTHER COURTS HAVE DENIED DAMAGES IN SIMILAR CASES. THE PERSON PRESSING A THIRD-PARTY SUIT IS ACTUALLY MAKING NEW LAW IN MANY CASES, LAW THAT CAN BENEFIT SOCIETY. THE POSSIBILITY OF TORT LIABILITY MAY MAKE GOVERNMENT OFFICIALS MORE CAREFUL IN THE EXERCISE OF THEIR DUTIES AND LANDLORDS MORE RESPONSIBLE FOR THE SECURITY OF THEIR TENANTS. BOTH OF THESE ACTIONS CAN PROTECT THE PUBLIC AT LARGE FROM FUTURE CRIME. REFERENCES ARE PROVIDED. (GLR)