TN Appeals Court and liability issue

[Worriedman]

Security firm faces lawsuit in kidnapping | jacksonsun.com |

This just might be the fist drop of water over the dam on Owner liability issues in TN.

The court held that the case CAN go to a jury trial regarding a safety liability issue.

The suit, filed by Maggie Barron against Emerson Russell Maintenance Co., will go to a jury trial after the Tennessee Court of Appeals at Jackson on Thursday reversed a ruling that the company could not be held responsible for her kidnapping.

This just may be a very important ruling.

The suit alleges that Emerson Russell Maintenance Co. failed to provide adequate security at the Old Hickory Mall during the months leading up to the attack. Barron also argued that such an attack was foreseeable based on Jackson Police Department records of prior crimes at the mall and that the security company had not been fully enforcing a no-loitering policy

[Fallguy]

Will be interesting to follow....

I was at Old Hickory Mall Thursday....didn't see one security guard anywhere. But.....I wasn't worried...

[Guest Muttling]

I can't this this being a step towards blanket owner liability. These types of cases have been happening for years. If your specific establishment has a history of problems (which the complaint claims they did), the owner may hold some liability if they didn't address it.

Your average restraunt doesn't have such a history.

[Guest Khitan]

In this case though it seems that the owner isnt being held liable ... its the security company.

It will be interesting to watch since they had an escort program and she didnt ask for one. I would say that the perps are the only ones responsible on this one. But no telling what a liberal leaning court might say.

[Worriedman]

I can't this this being a step towards blanket owner liability. These types of cases have been happening for years. If your specific establishment has a history of problems (which the complaint claims they did), the owner may hold some liability if they didn't address it.

Your average restraunt doesn't have such a history.

I agree, it is not going to foster “blanket†owner liability, but a nice fat jury award to a plaintiff and the tables have turned in perception. Insurance companies seeing the pendulum swing in favor of holding Owners accountable for safety might just suggest that HCP Carry be encouraged instead of being denied. It is a proven fact that carry reduces crime, and that would be less of an exposure to business if they start seeing dollars go a certain direction.

I just think as I said, this case might be the beginning of a different view, was not insinuating that is was a big deal. Most businesses that Post do so as they think it will reduce liability to them, hoping to lay responsibility on Police, and deny it to the Citizen. Does not appear that this case is going to go that way.

[Fallguy]

I agree, it is not going to foster “blanket†owner liability, but a nice fat jury award to a plaintiff and the tables have turned in perception. Insurance companies seeing the pendulum swing in favor of holding Owners accountable for safety might just suggest that HCP Carry be encouraged instead of being denied. It is a proven fact that carry reduces crime, and that would be less of an exposure to business if they start seeing dollars go a certain direction.

I just think as I said, this case might be the beginning of a different view, was not insinuating that is was a big deal. Most businesses that Post do so as they think it will reduce liability to them, hoping to lay responsibility on Police, and deny it to the Citizen. Does not appear that this case is going to go that way.

+1

My comments on the article on the Jackson Sun's website

Without discussing the merits of this case....I think everyone is ultimately responsible for their own protection, but this does show property owners have a legal duty to protect you or IMO allow you to at least protect yourself.

So if a place bans me from carrying my handgun, that I have a permit to carry, and then fails to provide adequate security, I do believe they are at least partially liable if something happens.

Again, not talking about this specific incident, but all the property owners posting signs and cities passing resolutions against park carry, may want to think about things for a moment.

[Guest Muttling]

So if a place bans me from carrying my handgun, that I have a permit to carry, and then fails to provide adequate security, I do believe they are at least partially liable if something happens.

Now there's a twist that I would LOVE to see litigated. Turn the tables and make it their liability for refusing us the right to self defense.

[Guest PapaB]

I can't this this being a step towards blanket owner liability. These types of cases have been happening for years. If your specific establishment has a history of problems (which the complaint claims they did), the owner may hold some liability if they didn't address it.

Your average restraunt doesn't have such a history.

Very true, however restaurants in higher crime areas should also be on notice, even if they haven't yet had an incident. Even a mediocre lawyer could make that argument in future litigation, if she wins this case.

[Guest PapaB]

Is it just me or does this seem like an odd combination?

"Emerson Russell Maintenance Co. provides the security and housekeeping for the mall, which is operated by CBL and Associates."

Security armed with brooms? Gee I feel so much safer now.

[Worriedman]

Very true, however restaurants in higher crime areas should also be on notice, even if they haven't yet had an incident. Even a mediocre lawyer could make that argument in future litigation, if she wins this case.

I live in the Jackson area, there is no place that is safe. We have one of the highest crime rates in the nation, not just the State. Both of our Chief LEO's, Sheriff Woolfork and JPD Chief Staples have been quoted in the local paper as being in favor of legal, HCP carry. The stats are such that no place in Jackson is safe. Robberies occur weekly in the highes populated areas, in the parking lots of grocery stores and at the mall, the Wal-Mart Super Center parking lot.

Criminals are like fishermen, they go where there is quarry. No venue in Jackson could say their parking lots are safe, because the empirical data would refute that.

A Posted sign here is an invitation to practice criminal enterprise with impunity.

[Oh Shoot]

My guess is that the first gunless HCP holder who gets seriously injured or killed in a posted park will have no shortage of lawyers willing to handle a lawsuit on spec.

- OS

[Worriedman]

My guess is that the first gunless HCP holder who gets seriously injured or killed in a posted park will have no shortage of lawyers willing to handle a lawsuit on spec.

- OS

Or, the parking lot of Posted restaurant!

[Guest grimel]

the security company had not been fully enforcing a no-loitering policy

Just how are they to enforce this policy? Ask them sternly to leave? Call the police?

[Guest grimel]

I can't this this being a step towards blanket owner liability. These types of cases have been happening for years. If your specific establishment has a history of problems (which the complaint claims they did), the owner may hold some liability if they didn't address it.

Your average restraunt doesn't have such a history.

Since the Hooters on Kingston Pike in Knoxville HAS a history of psycho customers shooting people I wonder if they ran posting the place past their legal beagles?

Would that history extend to the other Hooters locations in Knox metro? To Hooters state wide?

Gotta love the possibilities.

Oh, what about Knox Center Mall? Looking better and better for a legal bankrupting of idiots.

[Daps]

I live in the Jackson area, there is no place that is safe. We have one of the highest crime rates in the nation, not just the State. Both of our Chief LEO's, Sheriff Woolfork and JPD Chief Staples have been quoted in the local paper as being in favor of legal, HCP carry. The stats are such that no place in Jackson is safe. Robberies occur weekly in the highes populated areas, in the parking lots of grocery stores and at the mall, the Wal-Mart Super Center parking lot.

Criminals are like fishermen, they go where there is quarry. No venue in Jackson could say their parking lots are safe, because the empirical data would refute that.

A Posted sign here is an invitation to practice criminal enterprise with impunity.

I stay in Jackson and feel you can say no city is completely safe. Staples is gone in a few days. I wonder who will end of being Chief. I wish Woolfork would think more about the Reserve Deputy program . He's mentioned it before and i got a friend who wife works there ask him about it for me. If things keep going the way they are maybe he will. I booked mark Welcome To CrimeReports.com that they've been talking about in paper

Stay safe..

[Guest Mugster]

I saw on the news the other night that a couple working for habitat for humanity is suing because they were working on a house in the middle of the night and got attacked or kidnapped or something.

It looks like a new wave of idiotic lawsuits to me. I doubt it would have any impact on handgun carry, but who knows.