Business owners in Essex County, Massachusetts have a duty to their customers to provide a safe place for them to visit. This not only includes making sure the property is free from any danger of physical harm, but also taking steps to reduce the likelihood of harm occurring from a third party. This may be in the form of security guards in businesses where theft or other risky situations are likely to occur.
A man is suing Rite Aid and the property owner after he was assaulted and robbed at the store by three men. The man went to the pharmacy to fill a prescription when the incident occurred. The man says his efforts to get help from the store’s employees and security personnel were unsuccessful. He feels that the store was negligent and did not provide a safe premises for its customers.
The man’s premises liability lawsuit was initially dismissed by the Philadelphia Court of Common Pleas because the man did not name the three men who attacked him as indispensable parties in the suit. The state Superior Court panel recently reversed that decision and sent the suit back to Philadelphia. The panel determined that it was not necessary to include the assailants because the alleged negligence was against the store for failure to provide a safe premises.
If you have been attacked while in a business by a third party, you may be entitled to compensation. You may wish to consult with a lawyer to determine if you have a case.
Source: The Pennsylvania Record, “Pa. Superior Court reverses Phila. Judge’s dismissal of negligence claim against Rite Aid,” Jon Campisi, Nov. 20, 2013