Landowners' Duty to Provide Security as Crime Increases

Violent crime is on the rise nationally in the United States, and is most prevalent in big cities, including Philadelphia. As a result, simple and carefree activities such as attending a sporting event or show, having dinner and drinks, or shopping at the mall, increase the risk of being a victim of a violent crime. As crime increases, it is the duty of landowners/occupiers to respond by increasing security for their customers, visitors and/or tenants. While some businesses and establishments in the Philadelphia area are responsive to the increase in crime by investing time and effort in successfully maintaining the safety and well-being of their patrons, many disregard this risk and fail to take proper safety precautions. Indeed, many businesses put the pursuit of profit ahead of providing a safe environment to shop, dine and engage in recreational activities. As a result, innocent people can become victims of violent crimes that are both foreseeable and preventable.

The victims of such crimes may be able to obtain some recourse through the criminal justice system, but a criminal prosecution will not compensate the victims for the significant injuries and/or death that often results from violent crimes. As civil attorneys, we can help victims obtain compensation from the property owner/occupier when the crime resulted from inadequate security. Under Pennsylvania law, owners, lessors and managers of commercial property can be held liable for the criminal acts of others for negligently allowing crime to occur on their premises or property within their control, according to Rabutino v. Freedom State Realty, 809 A.2d 933 (Pa. Super. 2002). Pennsylvania has adopted the liability standard for establishing liability set forth in Section 344 of the Restatement (Second) of Torts (1965), which states: “A possessor of land who holds it open to the public for entry for his business purposes is subject to liabilities to members of the public while they are upon the land for such a purpose, for physical harm caused by the accidental negligent or intentionally harmful act of third persons or animals, and by the failure of possessor to exercise reasonable care to: