Premises liability for third party criminal attacks may extend beyond property lines.

A jury found for the plaintiff in the amount of $32 million after he was beaten with brass knuckles at a bus stop. The defendant argued that the attack did not occur on their property. The jury’s findings are part of an eye-opening expansion of premises liability to off-site locations. Convincing to the jury were the following:

• Park employees were involved in the attack and had demonstrated gang affiliation at the site of their employment through clothing and symbols on their lockers.
• A prior attempted attack on a family inside in the park by the off-duty employees, wearing the same colors and symbols, was reported to park security on the same day.
• The path where the plaintiff was attacked that lead to the bus stop was used exclusively to and from the amusement park by both employees and guests. Although not owned by the defendant, it was found to be arguably under its control due to signage and known usage; the path was also known for prior instances of violence.

Case Law Alert, 1^st Quarter 2014