Facebook Pixel Code
CALL 24/7 (615) 244-4325 ¿Habla Español?
by Michael Ponce | April 20, 2023

Can a victim of crime sue a business for third-party criminal actions?

Yes, a business owes a duty of care to its patrons to provide reasonably safe premises. If the business knew or should have known of reasonably foreseeable third-party criminal actions and was negligent in failing to provide security, the business could be liable.  

The type of claim is rooted in negligence, that the business was at fault for not providing reasonable security measures to protect its patrons from known harms. For example, let’s say a person rents a room at a hotel. An intruder breaks through a faulty sliding glass door and assaults the patron. The hotel may well be liable for this third-party criminal attack, because it was negligent in not ensuring a secure sliding glass door.  

These types of claims have been brought against a variety of business owners, including hotels and motels, shopping malls, banks for attacks at ATMS, and countless others. 

What type of duty does a business owe to its patrons?

A business owes a duty to warn its patrons of impending danger and, in many circumstances, to also provide reasonable security measures to attempt to protect its patrons from foreseeable harm. Sometimes, a business has a so-called “special relationship” with its patrons. For example, innkeepers have a special relationship with those who pay money to sleep on their premises. Likewise, landlords have a special relationship with their tenants. 

Isn’t a third-party criminal attack a superseding cause?

Not necessarily. A third-party criminal attack may be reasonably foreseeable given that there has been criminal attack on the premises of the business recently or in the immediate vicinity of the business. For example, in McClung v. Delta Square Ltd Partnership, 937 S.W.2d 896 (Tenn. 1996), the Tennessee Supreme Court ruled that a shopping mall owed a reasonable duty of care when there was a significant amount of criminal activity at or near the shopping mall. The state high court explained that “a duty to take reasonable steps to protect customers arises if the business knows, or has reason to know, either from what has been or should have been observed or from past experience, that criminal acts against its customers on its premises are reasonably foreseeable, either generally or at some particular time.” 

Thus, if criminal acts are reasonably foreseeable then they likely are not a superseding cause. That’s because superseding causes are generally things like acts of God, which are by their very nature unforeseeable. 

When exactly is a third-party criminal attack foreseeable?

Good question. Some courts use what is called the “prior incidents” rule. Under this rule, there had to be an identical or very similar criminal attack on the premises previously for a subsequent criminal attack to foreseeable. This used to be the rule in Tennessee under the now-overruled decision of Cornpropst v. Sloan, 528 S.W.2d 188 (Tenn. 1975). Other courts apply what they call the totality of the circumstances approach.  This approach takes into account all circumstances, including the nature and conduct of the business and prior incidents of crime. 

The Tennessee Supreme Court has taken a middle-of-the-road approach between the prior incidents rule and totality of the circumstances approach. This is called the balancing approach. Under this rule, the Tennessee Supreme Court explained in its McClung decision: “In determining the duty that exists, the foreseeability of harm and the gravity of harm must be balanced against the commensurate burden imposed on the business to protect against that harm. In cases in which there is a high degree of foreseeability of harm and the probable harm is great, the burden imposed upon defendant may be substantial. Alternatively, in cases in which a lesser degree of foreseeability is present or the potential harm is slight, less onerous burdens may be imposed.”

What types of security measures must a business take?

That is a difficult question to answer, but courts have found that businesses may have to engage in several measures designed to upgrade security on the premises. Examples include installing better lighting in certain areas to deter crime, hiring security guards to patrol the premises, installing cameras or security alarms on the premises, fixing doors or windows that might be problematic, and warning patrons of previous criminal activity. 

Free Case Review

Case Evaluation

"*" indicates required fields

MM slash DD slash YYYY

No Fee Guarantee

Our Reviews

  • ⭐⭐⭐⭐⭐

    As a Non-Tennessee resident, I selected Ponce Law after reading the reviews. You guys were spot on. This firm has some of the nicest, knowledgeable and easiest lawyers and staff to work with. I was amazed and very pleased with their diligence and work ethic! Even if I was worried about something and called for advice, they were quick to respond and answered my questions. I will highly recommend this firm.

    Terrence Harris 5 months ago
  • ⭐⭐⭐⭐⭐

    Ponce Law Firm, has been the best experience for both of my children. Attorney helped me through all the process in a very timely profesional way. The Staff has been by far the best! I highly recommend this law firm.

    Ailed Martinez 5 months ago
  • ⭐⭐⭐⭐⭐

    Always very professional. When we first called we had no idea if we even had a case, they told us we did. And even though the resolution took a little bit longer than expected, the wait was worth it. They get results and I really appreciated that they consistently gave me updates on the status of my case without me even asking. Thank you Ponce Law!

    Karla Drumm 3 months ago
  • ⭐⭐⭐⭐⭐

    Everyone at Ponce law is extremely helpful. Cheyenne went above and beyond to help us. We got an amazing outcome with our settlement and the whole process was easier than we had ever expected. We got everything we asked for and more.

    Ashley Brossman 2 weeks ago
  • ⭐⭐⭐⭐⭐

    I had a really good experience with Ponce Law. I couldn't be more satisfied with my case. My settlement was satisfactory as well. I had a really complicated situation either my property damage and Ponce Law helped me work through all of it. Thanks so much!!

    Soraksa Touch 2 months ago
  • ⭐⭐⭐⭐⭐

    Have you ever been caught between a Hyundai and a hard place? I have, Ponce Law was a call away and helped me through the entire process. Very friendly staff who explained every step of the process to me and made sure I understood what was going on. When I got injured I didn't know what to do but I'm glad I put in a call to Ponce Law.

    matt kenney a month ago

HEAR IT STRAIGHT FROM OUR CLIENTS

  • Block Image

    I was driving down I-40 when I got hit by another car. I called Michael Ponce because I wanted an attorney right here in Nashville. As soon as I called, I knew I made the right decision, and Ponce Law got me the money I needed to get back on my feet. I highly recommend Ponce Law!

    – Rick

    View More Testimonials

  • Block Image

    After my car accident, I wasn’t sure if I needed an attorney. I called Ponce Law for a free consultation. I’m so glad I made the call. I wanted a local attorney, and from the first call, to when my case was settled, I felt heard, valued, and taken care of.

    – ShaErica

    View More Testimonials

  • Block Image

    I was on I-40 coming into Nashville and a car ran into the back of me. The accident was serious, and I needed surgery. I did ask an attorney friend of mine whom I should call, and he said call Ponce Law. The folks at Ponce Law were outstanding and got us a large settlement.

    – Alex

    View More Testimonials

Ponce Law Awards & Recognition

Recent Blog Posts

View All Blog Posts

Ponce Law