Example Premises Liability Cases: Convenience Stores

Convenience store crimes generally involve robberies of stores and customers and may include abductions and murder. Most cases involve allegations that the store's operation was flawed in several respects. The following case illustrates how deficiencies in staffing, training, and store layout combined in a premises liability suit.

The store, part of a small chain, was located in a quasi-residential area next to a park near a two-lane highway. The cashier station was located in the rear of the store, adjacent to a doorway that led to a rear storage room where there was a desk and a safe. Posters and advertisements covered the front windows, and the only outside lighting came from a street light across the road.

One night, two men recently released from a State prison held up the store. After forcing the cashier into the rear storage room and making her open the safe, they shot her. As the men were preparing to leave, two people entered the store; a female employee coming to work at the shift change and a young man coming in to make a purchase while his date and another couple waited in the car outside.

Seeing the two people enter, the gunman concealed his weapon behind his back and announced that the store was closed.

"It can't be," the employee replied. "I work here!" With that, the man revealed his gun, forced the woman and the young man to the rear of the store, and shot them dead.

Although the families of the two murdered employees could not sue the employer due to Workers Compensation, the father of the slain young man sued the store, charging that the store failed to provide adequate security due to the following factors:

The cashier should not have been alone in such an isolated store.
The counter was located in the rear of the store, which made it difficult for anyone outside to see what was happening within.
The posters on the windows further isolated the cashier.
There was no drop safe, which would have removed the incentive for the robbery.
The second cashier's failure to recognize the threat when she was told by the gunman that the store was closed indicated a failure on the part of the store owners to provide proper security training.

Several of these factors involved environmental design: the lighting, the posters, and the location of the cash register. In an interview, which was used as a basis for expert testimony, one of the perpetrators reported that he canvassed the area looking for the "right store" and that he had rejected several because they were brightly lit, the cashier's station was toward the front of the store, and there were no posters to interfere with the view from the parking lot.

This case did not go to trial; it was settled for a substantial sum after expert testimony was submitted in deposition. Its usefulness as an example lies in the fact that the criminals acknowledged the importance of environmental design in deciding to strike at this particular store.

Apartment Buildings

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Premises Liability Lawsuit History: Crime victims sue property owners.

Convenience Stores

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Premises Liability Lawsuit History: Crime victims sue property owners.

Crime Prevention

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Premises Liability Lawsuit History: Crime victims sue property owners.