Criminal Assault at a Business Resulting from Inadequate Security

Scott Smith

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Generally in Ohio an owner or occupier of property owes a duty to exercise ordinary care in maintaining the premises in a safe condition so that invited persons are not unnecessarily and unreasonably exposed to danger. Ohio Courts have held the possessor of the premises owes a duty to an individual who is invited on the property to exercise ordinary care for the person's safety and protection or warn of any unreasonably dangerous condition. Unlike most states, Ohio classifies the rights of a person entering the property depending upon how they so arrived, whether the person is invited to do business, as a social guest, licensee or trespasser.

Someone who possess land and holds it open to the public for business purposes are liable for injuries caused to the "business invitee" for physical harm caused by foreseeable negligent or intentional harmful acts.

As an example, if a person enters a business that is open to the public, the person is deemed a "business invitee" and is owed a duty of ordinary care for his/her safety and protection or warning against any unreasonably dangerous conditions on the premises. There are exceptions to this general rule but for the purposes of inadequate security, this is a good starting point.

What if you are criminally attacked while on the premises of the business owner? Courts in Ohio have held that under certain circumstances, the criminal attack upon a business invitee is considered foreseeable to the business owner if there have been prior similar incidents upon the premises or the possessor's past experiences is such that he or she should have reasonably anticipated criminal conduct by a third party. The Courts of Ohio examine each matter on a case by case basis taking into consideration the totality of the circumstances of how the incident occurred.

Because businesses make a profit from consumers, the standard of care for consumers is different than if someone trespasses upon the business property. Accordingly, businesses should hire or employ security on and around the premises depending on the particular area and history of problems in the past. Adequate security often comes in the form of a business retaining a security expert to establish the foreseeability of a criminal attack to determine if security is adequate in light of the particular situation.

Common attack sites sometimes requiring increased security include hotels/motels, apartments/condominiums and parking lots.