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NCJRS Abstract

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NCJ Number: 170883 Find in a Library
Title: Ounce of Prevention: Proving Shopping Center Liability for Third-Party Crime
Journal: Trial  Volume:33  Issue:8  Dated:(August 1997)  Pages:52-57
Author(s): P M Gerson
Date Published: 1997
Page Count: 6
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: Many courts have held that business owners and management companies in shopping centers have a duty to take reasonable measures to protect patrons where criminal acts on the premises are foreseeable.
Abstract: Neighborhood shopping centers are managed by owners and/or professional property managers who are usually aware of the history of criminal activity on the premises. Both professional property managers and shopping center owners are proper defendants in liability cases. Even so, negligent security cases are difficult to evaluate according to typical negligence principles. Concepts of duty, breach, and consequent damages are not well-suited in analyzing third-party liability for violent crime. Duty and negligence amounting to a breach are generally less difficult issues for the plaintiff's case. Proximate causation, however, is more difficult because it includes both foreseeability and preventability concepts. Procedures associated with proving foreseeability and preventability are examined, and the importance of evaluating security needs by shopping center managers is emphasized. 16 notes and 1 photograph
Main Term(s): Courts
Index Term(s): Crimes against businesses; Retail business crimes; Retail business security
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