When is a business potentially responsible for criminal activity?

On Behalf of | Oct 3, 2024 | Premises Liability

Those patronizing a business typically do not expect to experience criminal activity while at a store or restaurant. However, in any place where people congregate and money changes hands, criminal activity is a safety concern.

In some scenarios, those affected by criminal incidents may have the option of holding the business accountable for their losses. Criminal activity could potentially result in property damage, injuries, medical expenses and lost wages. The party who perpetrated the crime may be hard to identify or may lack the resources necessary to compensate their victims.

When is it possible to hold a business responsible for an assault or other crime that occurred on the company’s premises?

When the criminal is the employee

Sometimes, companies do a poor job of choosing who to hire and supervising worker behavior. They may then be liable for the harm their workers cause to others.  Employees can sometimes become aggressive toward members of the public. They could assault customers during an argument.

Vicarious liability rules generally make employers responsible for the damages caused by their employees while they are on the clock. Provided that someone visiting a business can prove that they suffered financial losses because of an employee’s criminal conduct, they may be able to hold the company accountable for those losses.

When negligent security was a factor

It is impossible to predict every type of crime that might occur at or near a business. However, there are some types of criminal activity that have a clear association with certain types of businesses.

Bars may need to watch out for signs of one patron drugging the drink of another. Apartment complexes may need to secure their facilities so that opportunistic thieves can’t easily access the building.

Proper lighting in parking lots, the presence of security professionals and even security cameras can serve as deterrents to criminal activity. They can also help identify criminals and prosecute cases after a crime occurs. If a business fails to take basic steps that reasonable people recognize could help prevent predictable criminal activity, then the business may be liable for crimes that occur on its premises.

Discussing a criminal incident at a business with a skilled legal team can help the party affected determine if they can hold the business accountable under premises liability rules. A premises liability claim could result in compensation for those who suffer physical injuries and property damage losses due to criminal activity.