Premises liability. (Mary Clohesy vs. Food Circus Supermarkets)

Security Management, April, 1998

Negligent security should not be based on the prior incidence of similar crime. The decision in a premises liability case involving Foodtown Supermarket in Red Bank, NJ, and the executrix of Kathleen Dalton's estate adopted the totality of circumstances theory of premises liability in deciding negligence. All contributing factors were considered, such as the property's size and location, the lack of security, crimes committed nearby and the design of the building and parking facility. Foodtown was charged with negligence for failing to provide security on its parking lot, since Dalton was robbed and killed on the premises after shopping in the store.

In a recent case, the New Jersey Supreme Court ruled that a decision of negligent security in a premises liability case should...

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