When a customer is attacked or assaulted and injured at a bar, shopping mall, or other public space they may have a case not only against the attacker, but also against the business owner or commercial real estate management company. Under Arkansas law, certain commercial property owners and businesses owners owe a customer a duty to protect them from reasonably foreseeable dangers, including criminal acts. These types of cases, commonly referred to as negligent security cases, can stem from fights, shootings, or even sexual assaults at places such as bars and restaurants, shopping malls, convenience stores, or strip shopping centers.
Owners, business operators and their security contractors can be found at fault and responsible when the cause of a harmful event, such as an assault, stabbing or shooting, is foreseeable or avoidable with proper safety procedures. What makes a particular act foreseeable under Arkansas law depends on what other types of attacks, shootings, stabbings, or other criminal acts have occurred on or near the business or property before the customer suffers injury. Shopping malls and common areas in and around businesses are public spaces that people should be able to enjoy their shopping experience without suffering from violent attack. McMath Woods has handled these types of cases and understands how stressful these situations can be on families and how complex these cases can be legally.