Bryan Stow Case - Where Was Security?

In the criminal case arising from the tragic beating of Bryan Stow at Dodger Stadium, testimony of Stow's friend revealed a great deal had transpired between Stow and his eventual assailants before the nearly fatal attack.  According to KTLA news, Stow's friend, Corey Maciel, testified at the preliminary hearing for the two suspects that Stow and his friends had endured hours of heckling and thrown food inside the stadium.  Even after this occurred, Stow's group was further taunted in the parking and loud words were exchanged before the final, vicious attack.  The two suspects, Marvin Norwood and Louie Sanchez, are now facing a number of serious felony charges.

See the KTLA news story and video HERE.

As a general principle, there is no duty for anyone to act to protect others from the misconduct or criminal acts of third parties.  However, such a duty may be present if there exists a “special relationship” between the parties.  Courts have found such a special relationship in cases involving the relationship between business proprietors such as shopping centers, restaurants, and bars, and their tenants, patrons, or invitees.  Where the special relationship duty exists the business owner must take reasonable steps to secure common areas against foreseeable criminal acts of third parties that are likely to occur in the absence of such precautionary measures.  In the Stow case, the Dodger security staff had a duty to protect patrons from foreseeable misconduct and criminal acts.  Since the Dodger security staff knew or reasonably should have known what was happening, their duty likely included an obligation to take reasonable, relatively simple, and minimally burdensome steps to attempt to avert that danger.  If Stow and his friends had been escorted to their vehicle by security or those causing a disturbance had been arrested for disturbing the peace, would the assault on Stow have occurred?  It seems likely it would not have happened.

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians.   When a business owner's patron is attacked on their property they should be held accountable if they failed to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.   An Orange County personal injury lawyer with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has 21 years of experience handling personal injury and premises liability cases, including just this type.  He can be reached at 714-919-4415 for a FREE CONSULTATION.

Have you or a family member been a victim of a violent crime that occurred at a place of business?

Nothing in this post is intended to suggest the Law Offices of Paul W. Ralph currently represents anyone involved in the news story above. This posting should not be construed as legal advice or an opinion on the merit of any particular matter. A consultation is the best way to obtain an assessment of your potential case.