Liability & LegalQuestion 107 of 200

Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224 addressed when a business owner has a duty to undertake security measures (such as hiring guards) to protect patrons from third-party criminal acts. The court held that:

a.Businesses always have an absolute duty to hire security guards once they are open to the public, whatever the neighbourhood or the history of the site
b.A heightened, costly precaution like hiring guards generally requires heightened foreseeability — typically established by prior similar incidents on the premises or in the immediate vicinity
c.Businesses never have a duty regarding third-party crime, because the criminal act of a stranger breaks the chain of causation between the owner's own conduct and the injury the patron suffered
d.Duty arises only after the first lawsuit has been filed against the business, since litigation is what puts an owner on notice that the premises present a real risk to the patrons who come there

Explanation

Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224 held that the duty to take a high-burden precaution — like hiring security guards — generally requires heightened foreseeability of the specific kind of harm, typically demonstrated by prior similar incidents at or near the premises. Less burdensome precautions (lighting, locks, basic warnings) may be required on lower foreseeability. The case continues the Rowland framework but recognizes that the burden side of the equation matters. For guards already on duty under contract, the PPO owes a duty of reasonable care in performance of the security services it has undertaken.

Law Reference: Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224

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