Injured At A Business – Assaults by third parties

Under California law, businesses, like bars and restaurants, shopping centers, liquor stores, etc., have an affirmative duty to take those steps deemed reasonable to secure their property to the extent it is under their control.   The duty requires securing the property against reasonably foreseeable criminal acts of third parties.  Delgado v. Trax Bar & Grill, (2005) 36 Cal. 4th 224, 235.  In Delgado, the California Supreme Court found that “special relationship” between business owners and their customers.

A defendant may owe an affirmative duty to protect another from the conduct of third parties if he or she has a “special relationship” with the other person. (internal citations omitted) Courts have found such a special relationship in cases involving the relationship between business proprietors such as shopping centers, restaurants, and bars, and their tenants, patrons, or invitees. Accordingly, in Ann M., we recognized as “well established” the proposition that a proprietors “general duty of maintenance, which is owed to tenants and patrons, … include[s] the duty to take reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the absence of such precautionary measures.” (internal citations omitted )

Delgado at 235-236. Thus, if a person was injured or assaulted by a third party at a place of business, it must then be determined whether facts support a trigger of the affirmative duty to take steps to secure the property from the criminal act of the third person.

If you or a loved one was assaulted or injured by a third party while patronizing a business, contact one of our Los Angeles Injury Attorneys today for a free consultation and case evaluation.