Inadequate Security and the Bryan Stow Case

Just over three years ago, Bryan Stow was beaten and critically injured following a baseball game at Dodger Stadium.  Tragically, Stow suffered a severe traumatic brain injury as a result of the attack.  The two assailants responsible for the assault are now serving their sentences for their crimes, and the civil case against the Los Angeles Dodgers organization is well underway.  As is being reported by KNBC news, the civil trial in Los Angeles is being prosecuted because of alleged inadequate security that may have allowed this horrific incident to have occurred.

Inadequate Security Law in California

Under California law, a property/business owner (like those in charge of Dodger Stadium) has an obligation to ensure their property is maintained in a reasonably safe manner, and this includes an obligation to protect patrons from the violent acts of criminals.  Generally, these civil cases fall into two types: those in which there is a history of violence and therefore a duty to protect and those in which there is an ongoing escalation of violence, or potential violence, and the landowner has a duty to intervene.   There is not a duty on the part of every landowner or business operator to provide security guards to protect their patrons, unless the obligation is imposed because of prior similar incidents or other indications of a reasonably foreseeable risk of violent criminal assaults at the location.  In the Stow matter, the lawyers prosecuting the case will have to show there had been previous acts of violence or that on March 31, 2011, stadium employees should have been aware Stow (or others) were in imminent danger of being assaulted and failed to reasonably intervene.  

When You Have Been Assaulted on Business Property

Whether it is in a stadium, a bar, a restaurant or some other business establishment, if you are assaulted while on someone else's property, you may have a valid civil case against the business or landowner.  It must be shown there was a negligent failure to provide adequate protection that led to your injuries, but these cases often merit pursuing.  If you have been injured or a loved one killed because of a criminal assault on business property, contacting an experienced Orange County civil attorney with a security background may be the best step toward obtaining compensation for the injuries and damages suffered.

SOURCE:  Dodger Stadium Security Questioned in Beating Trial, KNBC News, June 3, 2014, by Patrick Healey

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.