106
C
ASE: 14
BACKGROUND
· The Plainti , Ken Nivens, was attacked by a group of youths in the parking lot of a 7-11 after he
refused to buy them beer.
· Nivens alleged that 7-11 was responsible for his injuries. He argued that the employees knew or
should have known that the teenagers frequently gathered in the parking lot and solicited the
customers to buy them beer and that this combination of teenagers and drinking could cause
someone to get hurt.
· 7-11 responded that Nivens' injuries were the result of a random criminal attack which was
impossible to foresee.
BEFORE YOU BEGIN
You Be the Judge!
You Be the Judge!
Nivens v. 7-11 Hoagy's Corner
Duty of Care of Business Owners Against Criminal Attacks
on Their Customers
What is negligence?
Negligence is the breach of a duty of care by
a Defendant which is the cause of injuries to
another person whom the Defendant has an
obligation to protect from harm.
What is a business invitee?
A business invitee is a person who is invited
to enter or remain on land for the purpose of
conducting business with the occupier of the
premises--for example, a customer in a retail
store.
What is the general duty of care to
protect another from criminal acts?
In general, a person does not owe a duty of
care to protect another from criminal acts of
third parties.
What is a "Special Relationship"
exception to duty of care to protect
another from criminal acts?
A person has a duty to protect another from
the criminal acts of third persons when a
special relationship is present. A special
relationship exists between a business and
its invitees. The business has a duty to take
reasonable steps to prevent its invitees from
foreseeable criminal acts of third parties.
What is a foreseeable act?
Foreseeable acts are acts about which the
business owner knows about or has reason to
know.
For Evaluation Purposes Only