A shoplifter injured me when I was in a store. He was apparently running through the store to grab items and then run out through the front door when he knocked me over because I was in his way. Do I have a claim against the store owner for letting thieves run through the store and terrorize its customers?
In the last three posts, we have been discussing circumstances when one person is responsible for the acts of another. In this case, you probably do not have a claim. There has been common law on this subject over years that states store owners do not insure the safety of their customers under all circumstances. (Common law develops over years from legal opinions followed by other courts.)
One of the leading cases on this principle is Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 429 NYS2d 606 (1980). In that case, an unknown assailant shot Mr. Nallan in the lobby of a mid-town office building, the Fisk building. In the 21 months before Mr. Nallan’s incident, there were 107 crimes committed in the Fisk building. A security expert testified. He said that if there was a security person in the lobby, he would have discouraged any type of violence. New York’s highest court found a plaintiff could present this case to let a jury decide if the building owner was negligent.
Customer Safety Endangered By Intervening
In your case, you stated there were thieves running through the store shoplifting. Even if you can show that the store knew they had a problem with shoplifting thieves, you would have to show the store could have done something reasonable to prevent the thieves from stealing and causing injuries. In current times, in order to keep customers safe, store owners do not intervene with shoplifters. Store owners let the shoplifters steal so no customers are endangered during apprehension. In your case, the shoplifter injured you because he did not look where he was going. There was nothing the store could do differently to change the outcome.
By James Santner, Esq.
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