preview

Rowe Case

Decent Essays

Landlords and business owners owe a duty to their tenants and patrons for foreseeable criminal acts of third parties that are committed on The approach to premises liability is based on the relationship between the parties at the time of injury. (ROWE) As the legal status of the visitor improves, the possessor of the land owes more of an obligation of protection. (ROWE). In Rowe, where an officer was injured while checking a vacant building, the court ruled that the landowners had a duty even though the officer was aware of the condition. The court reasoned in Rowe that the officer had the status of an licensee and the landowner owed a duty to warn of any dangerous conditions that the landowner new of or had reason to know and of which the officer …show more content…

(Clohesy cite.) In Clohesy, a supermarket shopper was kidnapped and later murdered in the supermarket parking lot. CITE. The court held that defendant was liable to plaintiff because the defendant knew that in the two and half years prior to the kidnapping, criminal activity had been increasing in the neighborhood. The court reasoned that under the totality of circumstances, sound public policy, and fairness, the defendant owed a duty to exercise reasonable care to prevent foreseeable harm because although no one had previously been murdered during a criminal activity, criminal activity of some kind was foreseeable and it was the duty of the business owner to provide some measure of security in the parking lot. Just as in Hopkins, where the broker failed to exercise care by inspecting the property for defects that would have caused injury and foresaw that an invitee may get injured. (CITE HOPKINS). The court held the broker had a duty to warn of any such discoverable physical features or conditions upon inspection of the property that pose a hazard or danger to such visitors. (Hopkins

Get Access