Tag Archives: premises liability

Tort/Negligence – Premises Liability – Balancing Test – Motel Guest – Armed Robbery (access required)

Bass v. Gopal, Inc. In this premises liability action, we adopt a balancing test for determining when an injury from crime is foreseeable and what duty an innkeeper owes to a guest. Here, the guest’s forecast of evidence - including expert testimony - did not establish that the innkeeper breached a duty to the guest. We affirm summary judgment in favor of the motel.

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Tort/Negligence – Premises Liability – Trespassers – Bank Parking Lot – Restaurant Customers – Assault (access required)

Davidson v. City of Beaufort Even though plaintiffs alleged that there several signs directing the public to park in the bank parking lot - making them public invitees - plaintiffs failed to forecast any evidence to support their allegation. In fact, plaintiffs failed to respond when defendants requested admissions that the alleged signs belonged to the defendant-city and were located on city property. Plaintiffs also failed to show the bank consented to their use of its parking lot; therefore, plaintiffs were trespassers, and the bank's only duty was not to do them willful or wanton injury. The bank was not obligated to protect plaintiffs from their assailants.

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