There is a very dangerous bill pending in Missouri
The Business Premises Safety Act
Sounds like it is meant to help you doesn't it. But this bill, SB3 would effectively wipe away a business owners liability for failure to make their premises safe from violent criminal acts. The proposed bill provides in part:
A business also has no duty to implement security measure for the protection of its customers, but shall determine if such measures shall be implemented by considering the magnitude of the burden to the business and the foreseeability of the injury to be prevented. If past criminal activities have occurred, evidence of remedial action shall be inadmissible to show prior negligence.
Now you may be thinking, well why is it fair to hold a business owner liable for such an act?
The law has evolved to show a duty in instances where the owner knew or should have known there was danger. For instance, suppose the hotel where you are staying has a history of violence and break- ins. Under the new law making a case against that hotel in the event of a violent crime could be very difficult. What about a landlord that has consistent break-ins, assaults or even rapes? Is that an apartment you would want to live in or have your children live there? Under the new law the landlord would argue, he had no duty to make the property safe.
Liability for criminal acts is the natural extension of "regular" premises liability or slip and fall cases, where is question is what is foreseeable? If violent acts are occuring with any frequency, the landlord is on notice that there is a problem that needs attention. Obviously, there is no gurantee that a landlord can keep the property 100% crime free, but certain reasonable steps can be taken to reduce the chances of violent crime. That is the law now.
This new bill would remove precedent that has evolved since 1983 beginning with Virginia D. v. Madesco Inv. Corp., 648 S.W.2d 881 (Mo.banc 1983) and Madden v. C & K Barbecue Carryout, Inc., 758 S.W.2d 59 (Mo.banc 1988), probably the two most important cases in victims rights in Missouri. Missouri has been a leader in this area. The Madesco and Madden cases have been cited in more than 100 other judicial opinions in over a dozen states, as well as numerous federal cases.
These cases have encouraged Missouri businesses take simple and reasonable steps to protect their patrons from violent crime on their premises.
Let's be clear here, the current law still places a very high bar for an injured person to meet to make a viable claim. Any violent criminal act in and of itself does not give an injured person an automatic claim. The current state of the Missouri case law is not bankrupting the system or leading to any unreasonable costs.
If you are a resident of Missouri please call your state Representative and state Senator. Let them know that you are opposed to this law.
