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BUSINESS INVITERS' DUTY TO PROTECT INVITEES FROM CRIMINAL ACTS.

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  • Source:
    University of Pennsylvania Law Review, 1986/04/01, Vol: 134, p883
  • Additional Information
    • Author:
      MICHAEL J. YELNOSKY
    • Citation:
      134 U. Pa. L. Rev. 883
    • Copyright:
      Copyright (c) 1986 The Trustees of The University of Pennsylvania
    • Abstract:
      On the evening of November 11, 1977, Helen Butler was shopping for groceries at the Acme Market in Montclair, New Jersey. After completing her shopping, she left the supermarket and proceeded to her automobile in the Acme's parking lot. She placed her packages on the bumper of her car and opened the trunk. Suddenly, she was thrown violently to the ground, and her pocketbook was stolen. Ms. Butler subsequently instituted an action against Acme alleging that the injuries she sustained in the attack were a result of the supermarket's negligence in failing to provide her with a reasonably safe place to shop. 1 Historically, courts have been unwilling to find that businesses had a duty to protect customers like Ms. Butler from criminal acts occurring on their premises. As the frequency of this type of criminal activity increases, however, courts are facing the situation more often and are becoming more responsive to the factors that militate against continued application of a no-duty rule. Despite this trend, a number of jurisdictions continue to refuse to recognize any duty to protect. Even those courts that have abandoned the no-duty rule have not done so entirely. They simply have conditioned the duty upon the existence of a variety of circumstances, some quite vague, and others quite specific and arbitrary. This Comment surveys and analyzes recent developments in this area of law and concludes that courts should adopt an unqualified duty-to-protect rule 2 that would require all business inviters 3 to take ...
    • Subject Terms:
    • Keywords:
      circumstances
      jurisdictions
      developments
      historically
      subsequently
      unqualified
      conditioned
      application
      supermarket
      responsive
    • Accession Number:
      edslex9BA11F2F
  • Citations
    • ABNT:
      YELNOSKY, M. J. Business Inviters’ Duty to Protect Invitees from Criminal Acts. University of Pennsylvania Law Review, [s. l.], v. 134, p. 883, 1986. Disponível em: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex9BA11F2F&custid=s8280428. Acesso em: 30 maio. 2020.
    • AMA:
      YELNOSKY MJ. Business Inviters’ Duty to Protect Invitees from Criminal Acts. University of Pennsylvania Law Review. 1986;134:883. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex9BA11F2F&custid=s8280428. Accessed May 30, 2020.
    • APA:
      YELNOSKY, M. J. (1986). Business Inviters’ Duty to Protect Invitees from Criminal Acts. University of Pennsylvania Law Review, 134, 883.
    • Chicago/Turabian: Author-Date:
      YELNOSKY, MICHAEL J. 1986. “Business Inviters’ Duty to Protect Invitees from Criminal Acts.” University of Pennsylvania Law Review 134 (April): 883. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex9BA11F2F&custid=s8280428.
    • Harvard:
      YELNOSKY, M. J. (1986) ‘Business Inviters’ Duty to Protect Invitees from Criminal Acts’, University of Pennsylvania Law Review, 134, p. 883. Available at: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex9BA11F2F&custid=s8280428 (Accessed: 30 May 2020).
    • Harvard: Australian:
      YELNOSKY, MJ 1986, ‘Business Inviters’ Duty to Protect Invitees from Criminal Acts’, University of Pennsylvania Law Review, vol. 134, p. 883, viewed 30 May 2020, .
    • MLA:
      YELNOSKY, MICHAEL J. “Business Inviters’ Duty to Protect Invitees from Criminal Acts.” University of Pennsylvania Law Review, vol. 134, Apr. 1986, p. 883. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex9BA11F2F&custid=s8280428.
    • Chicago/Turabian: Humanities:
      YELNOSKY, MICHAEL J. “Business Inviters’ Duty to Protect Invitees from Criminal Acts.” University of Pennsylvania Law Review 134 (April 1, 1986): 883. http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex9BA11F2F&custid=s8280428.
    • Vancouver/ICMJE:
      YELNOSKY MJ. Business Inviters’ Duty to Protect Invitees from Criminal Acts. University of Pennsylvania Law Review [Internet]. 1986 Apr 1 [cited 2020 May 30];134:883. Available from: http://search.ebscohost.com/login.aspx?direct=true&site=eds-live&db=edslex&AN=edslex9BA11F2F&custid=s8280428