Development of the American approach
Modern American law allows you to sue for compensation if you have been injured while on someone else's property. A Premises Liability lawsuit due to crime or other cause of injury has not always been allowed. If you think you may have a Premises Liability lawsuit, fill out this simple questionnaire for a FREE case evaluation and find out your legal rights.
Early American case law developed an ancillary exception to the special relationships doctrine, that of assumed duty. Basically, an assumed duty arises when one who would otherwise not owe any legal duty to take acts to protect others from crime nevertheless voluntarily assumes to do so. That assumption can arise by expressed means, such as the assurance of an individual that he will provide for the safety of another, or can arise by conduct, such as the presence of security guards engaged to provide protection to customers.
Similarly, American common law developed the notion that when one takes a person into custody or otherwise places a person in a situation in which that person could not provide for his own protection, then the one taking custody owes a duty to protect the other from harm, including the criminal acts of others. A typical example would be a hospital in which the patient is incapacitated. In this case, the hospital would have a legal duty to reasonably protect the patient from the criminal acts of others.
Despite these expanded exceptions, the general rule was still predominant in the United States that most property owners had no duty to protect against criminal acts. In this environment of nonliability, most property owners, architects, planners, and others responsible for the development of building projects were virtually never the subject of lawsuits in early American case law.
see also:
Early American Law
Premises Liability Lawsuit History - Get your FREE Case EvaluationPremises Liability Lawsuit History: Crime victims sue property owners.
Special Relationships
Premises Liability Lawsuit History - Get your FREE Case EvaluationPremises Liability Lawsuit History: Crime victims sue property owners.
Premises Liability case overview
Premises Liability - Get your FREE Case EvaluationAn overview of Premises Liability Cases. Find out if you have a case.
