If my daughter was mugged in broad daylight outside of a drugstore chain, can she sue them?
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If my daughter was mugged in broad daylight outside of a drugstore chain, can she sue them?
I am so angry, This store has had so many problems at this location with undesirables hanging around abd no surveillance cameras. I wish could force them to do something.
Asked on July 19, 2011 under Personal Injury, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Unfortunately, you probably can't sue them. A retail store has no obligation to protect people in the public street outside it--that is not the duty of a private business or citizen. In the absence of a duty, there is no liability. Arguably, if the store itself did something to cause the attack--for example, the attack was done by an employee of the store (if the store knew he posed a risk), or possibly even the attack was by someone whom store employees in some fashion encourage to hang around, again knowing specifically that he poses a threat--there might then be liability, but definitely not unless there is some direct causal link between the actions of the store and its staff and the attack.
This is an issue for town or city government to deal with--crime on the streets.
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