LAW 604C Lecture Notes - Lecture 29: Walmart, Negligent Entrustment, Entrust
Document Summary
Specific harm rule: a landowner does not owe a duty to protect patrons from the violent acts of third parties unless he is aware of specific, imminent harm about to befall them (too restrictive) Prior similar incidents test: foreseeability is established by evidence of previous crimes on or near the premises. Totality of the circumstance test: takes into account the nature, condition, and location of the land, as well as any other relevant factual circumstances bearing on foreseeability (most common) (looks temporally and around the location of the business) Balancing test: balances the foreseeability of harm against the burden of imposing a duty to protect against criminal acts of third persons (cal. & tenn. ) (use when determining business owners owe a duty to provide security for their patrons) Plai(cid:374)tiff is lea(cid:448)i(cid:374)g a(cid:373)"s clu(cid:271) a(cid:374)d approa(cid:272)hes her (cid:272)ar, duri(cid:374)g the daytime. As she approaches, a man hiding under her car robs her.
