Legal Question in Personal Injury in Virginia

Does store have legal responsibility for personal safety of customer?

While shopping in a major discount retail store a woman was sexually battered by a male who came up behind her masturbating. The store provided her new clothes, took a statement, said they would review the security cameras and she understood call the police. Somewhat in shock and in a hurry to meet young children getting home from school she left. Not hearing from anyone later she contacted the police. They had no report. She meet the police at the store. The manager stated it was not their responsibility to contact the police, but the victim's. He stated they looked at the tapes and didn't see anything. He stated he thought they threw the clothes away. After some pushing by the victim and police they retrieved the clothes and over the next few days reviewed the tapes, which revealed nothing. (The tapes the manager stated they already reviewed and didn't see anything) This according to the security person is that approx. 80% of the cameras are dummies. Does a store have a responsibility for the personal safety of their customers? Was the store negligent in not calling the police? Did they tamper with evidence in a criminal case? Is the store negligent in not having enough security cameras?

Thanks!


Asked on 6/17/05, 9:44 am

1 Answer from Attorneys
Jonathon Moseley Jonathon A. Moseley

Re: Does store have legal responsibility for personal safety of customer?

The store does have responsibility for the safety

of its patrons, but only to the extent that the

risk is foreseeable or even likely.

It sounds like they are morons, including because

it is bad public relations with their customers,

but I am not sure that they can be held legally

responsible for the acts of the third person.

They are wrong that they cannot call the police.

They are also victims at having someone commit

lewd acts in their store. So their excuse is

not a valid excuse. But I don't know that you

can hold them legally responsible.

Of course, they can and should testify on your

behalf. The prosecutor can subpoena them to come

and testify. So they should fully cooperate.

Read more
Answered on 6/19/05, 12:29 pm


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