QUESTION: If I am in a business establishment or place, like a gas station, and a person who is not an employee of that business attacked me, Is it possible to hold the establishment liable for my injuries? ANSWER: Generally, one who has not created a peril has no duty to affirmatively act so as to prevent harm to third persons. However, the law does impose a legal duty to affirmatively act (to protect someone else from danger or to control the conduct of a third person) if there is.