Merchant Liability:Changing the Standards

Abstract

This paper examines the changing merchant liability standards for criminal attacks occurring on business premises. Customer lawsuits seeking to hold businesses responsible for the criminal attacks of others are becoming more common. Selected cases illustrate the requirements to prove business negligence, the usual theory of merchant liability. Varying, sometimes conflicting, state court decisions set each state’s merchant liability standard for third party criminal attacks. Generally, state courts are now more willing to impose liability when merchants fail to protect customers from third party attacks. Four suggestions for merchant response to the varying standards are provided.

Citation

Walter, R.J. (1989), "Merchant Liability:Changing the Standards", American Journal of Business, Vol. 4 No. 1, pp. 57-61. https://doi.org/10.1108/19355181198900010