Posecai v. Wal-Mart Stores, Inc.
Louisiana Supreme Court
752 So. 2d 762 (1999)
Relevant factsFree
Posecai (plaintiff) was robbed at gunpoint in a Wal-Mart (defendant) parking lot during the day; over the prior six and a half years, three robberies had occurred on Wal-Mart's property (some at night when it was closed) against 83 similar offenses on the same block generally, and Wal-Mart had not posted parking-lot security guards. Posecai sued for negligence, and the jury found for her.
IssueFree
Whether a court must use a balancing test, weighing the foreseeability and gravity of harm against the burden imposed on the defendant, to determine whether a business owner owes a duty to protect customers from criminal acts of third persons.