Essay about Is It Proven By A Matter Of Law

1018 Words Oct 11th, 2016 5 Pages
A court will most likely find that the attack was unforeseeable as a matter of law. A business owes a duty to protect customers from criminal attacks that are reasonably foreseeable, which is dependent on industry standards, community crime rate, amount of assaults or criminal activity in the area or in similar business enterprises, and the presence of suspicious person and the peculiar security problems posed by the premises design, however, Florida law makes it clear that an owner is not an insurer of his customer’s safety. (See Satchwell, 1348). Foreseeability can be proven by two alternative means (Banosomoro, 912). First, a plaintiff can show that an owner knew or should have known of a dangerous condition on his premises that was likely to cause injury to a patron. Second, a plaintiff can show that the owner knew or should have known of the dangerous tendencies of a particular patron. (See Banosomoro, 912).
Foreseeability is crucial in defining the scope of the general duty put on a person to avoid a negligent claim (Borda, 488). In Banosmoreno v. Walgreen Co., the plaintiff was shopping in Walgreens when he was physically attacked by a boyfriend of a store employee (Banosomerno, 912). Based on crime statistics, the plaintiff presented evidence that the retailer knew or should have known of a dangerous condition on its property (Banosomerno, 912). Plaintiff points to the police Offense Incident Reports for the crime grid encompassing Walgreens and areas in clos…

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