QUESTION:
I was inside a nightclub in the casino and they did not do a search to see if anyone was carrying a weapon. I was stabbed. I was wondering if I have a case.
ANSWER:
Businesses, such as shopping centers, restaurants and bars, have an affirmative duty to take reasonable steps to secure their premises, as well as adjacent common areas within their control (e.g., parking lots), against reasonably foreseeable criminal acts of third parties. [Delgado v. Trax Bar & Grill, supra, 36 C4th at 235, 30 CR3d at 153; Morris v. De La Torre, supra]. The extent to which a business must take measures to prevent criminal conduct (e.g., hiring security guards) is determined largely under general negligence principles. The most important consideration is the foreseeability of third persons’ criminal conduct, determined primarily by incidents of prior similar conduct. This “special relationship” duty is not limited to patrons and paying customers, but extends to invitees and all other “business visitors,” including persons who merely accompany a prospective customer and those who are just “killing time.” [Morris v. De La Torre, supra, 36 C4th at 271–273,30 CR3d at 181–184]. It would be best to seek personal assistance from a lawyer in order to help you in filing a personal injury claim.
