Courts apply several approaches. The prior similar incidents test requires evidence of comparable crimes on or near the property. The totality of the circumstances test considers the full context including area crime rates, property conditions, and the nature of the business.
A minority apply a balancing test weighing the foreseeability and gravity of harm against the burden of protective measures.
Alternative Names:
Crime Foreseeability, Foreseeable Criminal Act
Why it Matters?
Which test applies determines whether the case survives summary judgment, and the difference is stark. Under a strict prior similar incidents approach, a first violent crime at a property generally produces no duty. Under totality of the circumstances, area crime data and the absence of basic security measures can establish foreseeability without any prior incident on the premises. This is a threshold research question in every negligent security matter.
Frequently Confused with
Related terms
Frequently asked questions
What is the prior similar incidents test?
What evidence supports totality of the circumstances?
