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When
a business invites patrons to enter onto their premises,
for the benefit of the business, a duty of care and responsibility
for the safety of its patrons attaches. The failure to act
in accordance with these responsibilities is considered
negligent and can result in a liability claim against the
business holding the business accountable to persons injured.
If
an apartment complex, store, a parking lot, or even a bar,
club or restaurant is aware that their premises or establishment
are a high risk for crime or violence they must take appropriate
precautions to guard the safety of their customers.
Inadequate
Security Cases
2000
The Estate of Jane Doe (deceased) v. ABC Trust
Plaintiff,
Jane Doe, deceased, was a 66 year old retired county worker
residing in an apartment complex on Cleveland's east side.
Plaintiff was single with no children. A fire broke out
in the first floor laundry room of her building in the early
morning hours. The fire was determined to be of human origin.
There had been at least five previous fires of human origin
in the laundry rooms of buildings in this complex, and one
in her building. The complex also had a history of vagrants
living in apartment laundry rooms. All other tenants escaped,
but Plaintiff was killed in the fire. Plaintiffs alleged
the apartment complex was negligent in failing to provide
adequate security to protect its residents. Defendant contended
this was arson and nothing could be done to prevent the
fire.
1997
David Buckley v. Alfalfas Enterprises, Inc. dba Slam Jams,
et al.
Plaintiff,
a business invitee, was assaulted by 3 to 5 other patrons
at the Slam Jams Sports Bar and Grill. Plaintiff claimed
the bar maintained inadequate security for the safety of
its customers. Defendant contended that they should not
be held responsible for the unforeseeable criminal acts
of third parties and that Plaintiff contributed to his own
injuries. Plaintiff sustained spinal cord injury including
Brown Sequard Syndrome. As a result, he experienced atrophy
of the right shoulder, arm and loss of dexterity in right
hand as well as numbness in his left lower quadrant and
a surgical laminectomy of C4-C7.
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