Mall Security in Tennessee Parking Lot: Can a Security Company Be Civilly Liable for the Criminal Activities of Others?
A Tennessee appeals court recently held that a security company can be civilly liable if it fails in its voluntarily assumed duty to reasonably protect patrons and employees from foreseeable risks of harm.
In a suit against Old Hickory Mall in Jackson, Tennessee, the plaintiff employee alleged that she was abducted by two juveniles in a mall parking lot and forced into the backseat. The juveniles took a joy ride, and, several hours and one wreck later, decided to ditch the stolen vehicle. The plaintiff and her husband then brought suit against the Mall and the Mall’s contracted security company.
In the complaint, the plaintiff alleged that the security company was “responsible for providing security and protection to the general public and employees of the mall” and that it failed, among other things, to provide sufficient security to protect her from harm. The defendant security company then motioned the court for a dismissal, arguing that it owed no duty to the plaintiff under any circumstances. The trial court agreed.
The appeals court, however, remanded the case for further proceedings, finding that the trial court erred in its dismissal. The court held that the security company could be subject to liability if it assumed the duties the Mall owed to the public—that is, to protect the public from foreseeable criminal acts that could reasonably be prevented by providing adequate security. The court qualified the holding, however, by indicating that the security company’s duty would be no greater than that assumed. In other words, the Mall and the security company could contractually limit the duty the security company owed to the public and mall personnel.
All too frequently in Tennessee, innocent people fall victim to criminal actions in parking lots. This sometimes results from an owner’s and/or security company’s failure to provide adequate security commiserate with the level of foreseeable harm. Foreseeable harm is typically established by evidence of past criminal occurrences.
If you have fallen victim to a crime in a Tennessee parking lot, feel free to contact one of our experienced Tennessee premises liability attorneys to schedule an initial case evaluation. We can investigate the circumstances of the crime, look into whether similar crimes have occurred before, discover what the owner has done about it, and look for other parties that may responsible for your injuries. Call today, 866-853-2888, to schedule an appointment.
