Liability for Third-Party Criminal Acts

The rule historically was that there is no duty to protect people from criminal acts of third persons.  If a special relationship exists there may be liability for foreseeable criminal acts of third persons.

Special relationships include common carriers and passengers (such as buses, trains, planes, etc.), employer and employees, physical and patient, innkeeper and guest, school and student, and business and patron.[1]

To hold a business liable the injured person must prove that the specific criminal acts were foreseeable.  Businesses are not responsible for injury from assault on the basis that the business is in a high-crime area. Washington courts have made it clear that this is not a basis for liability as it would discourage businesses development, particularly in underserved core urban areas.[2]   Instead, the injured party must show that the specific acts were foreseeable.

To show the criminal acts were foreseeable the injured party will generally have to show a history of prior similar incidents within the experience of the business, not merely that the area is a high-crime area.

Liability for assault or other criminal conduct of third persons is a nuanced legal question, and highly fact specific. If you have been injured by an assault or other criminal act it may be in your best interest to seek a consultation with an attorney.

[1] Benjamin v. City of Seattle, 74 Wash.2d 832, 833, 447 P.2d 172 (1968) (common carrier owes the highest degree of care to its passengers)); Bartlett v. Hantover, 9 Wash.App. 614, 621, 513 P.2d 844 (1973) (employer has a duty to make reasonable provision against foreseeable dangers of criminal misconduct to which the employment exposes the employee), rev’d on other grounds, 84 Wash.2d 426, 526 P.2d 1217 (1974)); Petersen v. State, 100 Wash.2d 421, 671 P.2d 230 (1983)( special relationship between a psychotherapist and patient)133 Wn.2d 201; Byerly v. Madsen, 41 Wash.App. 495, 503, 704 P.2d 1236 (1985) (hospital owes an independent duty of care to its patients)); Miller v. Staton, 58 Wash.2d 879, 883, 365 P.2d 333 (1961)(innkeeper and guest); McLeod v. Grant County Sch. Dist. No. 128, 42 Wash.2d 316, 319-22, 255 P.2d 360 (1953)(school and student); Nivens v. 7-11 Hoagy’s Corner, 133 Wn.2d 192, 943 P.2d 286 (1997).
[2] McKown v. Simon Property Group, Inc., 182 Wn.2d 752 at 769, 344 P.3d 661, (2015).