Question
Using the IRAC Legal Analysis regarding liability for negligence TORTS / Negligence Question TARGET owned and operated a store in an area known for lots
Using the IRAC Legal Analysis regarding liability for negligence
TORTS / Negligence Question
TARGET owned and operated a store in an area known for lots of street crime. There were problems at the Target store with some rowdy youth and drunks their parking lot, some aggressive panhandling, shoplifting in the store, but nothing too serious until recently. TARGET was open from 8am to midnight. Three months ago, a customer was assaulted with a knife outside the store in the parking lot late one evening by someone trying to rob them. The customer ended up seriously injured and was treated for several days in the local hospital. One month ago, a customer was robbed at gunpoint. The customer wasn't physically injured but was emotionally distraught. These were the only serious crimes in the past five years. In response, TARGET decided install surveillance cameras, meant to serve as a deterrent, for about $1,500. TARGET considered but did not hire a security person to patrol the parking.
Then, late one afternoon, PAUL and his wife, BETTY, an elderly couple, visited TARGET to buy some supplies. Paul went to the store while Betty waited in the car in TARGET's parking lot. While Paul was at the checkout counter, a robber approached Betty while she was sitting in the car, pointed a gun at her and demanded money. Betty stubbornly refused to turn over any money, afraid to lose the $1,200 she just cashed from her paycheck (and was going to use at a nearby gambling casino). The robber then forced open the car door, beat up Betty with the butt of the handgun, took her money, and left her bloodied and unconscious.
BETTY SUES TARGET IN NEGLIGENCE FOR HER INJURIES. WHAT RESULT?
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