ii. Businesses (Four Rules) 1. Imminent Specific Harm - about to befall P - narrow - if a landowner knows something is imminent (imminent risk) that’s when the duty arises (low odds of this happening) 2. Prior Similar Incidents - previous crimes on or near the premises - someone else is injured in the same crime previously - duty shaped by a risk (you have a duty to act as an RPP with that specific risk) - better lighting, security, etc. - actual or constructive notice - time of previous incidents, location, method, etc. 3. Totality of the Circumstances - nature, condition and location of land, circumstances bearing on foreseeability - much wider - petty crimes can indicate a more serious threat - Hypo: prior to this shooting in the parking lot there was a mugging that didn’t involve a shooting, would this mugging under this totality of the circumstances, would that be enough for a duty to be imposed? - maybe not enough, two would be though - amorphous test 4. Balancing - foreseeability of harm against burden of imposing the duty - Carroll Towing (transported to duty) - high foreseeability, high burden - security guard may be called for - (439) Prosecai v. Wal-Mart - woman shopping, attacked in the parking lot by man under car - many previous offenses near the store - court has wide discretion (much easier if analogous case) - Hypo: woman goes to the Tuscan airport to meet her husband who was coming back from a tour of duty, several months later
ii. Businesses (Four Rules) 1. Imminent Specific Harm - about to befall P - narrow - if a landowner knows something is imminent (imminent risk) that’s when the duty arises (low odds of this happening) 2. Prior Similar Incidents - previous crimes on or near the premises - someone else is injured in the same crime previously - duty shaped by a risk (you have a duty to act as an RPP with that specific risk) - better lighting, security, etc. - actual or constructive notice - time of previous incidents, location, method, etc. 3. Totality of the Circumstances - nature, condition and location of land, circumstances bearing on foreseeability - much wider - petty crimes can indicate a more serious threat - Hypo: prior to this shooting in the parking lot there was a mugging that didn’t involve a shooting, would this mugging under this totality of the circumstances, would that be enough for a duty to be imposed? - maybe not enough, two would be though - amorphous test 4. Balancing - foreseeability of harm against burden of imposing the duty - Carroll Towing (transported to duty) - high foreseeability, high burden - security guard may be called for - Prosecai v. Wal-Mart (439) - woman shopping, attacked in the parking lot by man under car - many previous offenses near the store - court has wide discretion (much easier if analogous case) - Hypo: woman goes to the Tuscan airport to meet her husband who was coming back from a tour of duty, several months later
Torts-Selmi.docx