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Perspective

Jan. 4, 2012

Landowners ... you should have 'seen’ it coming

Landowners cannot turn a blind eye to preventable criminal misconduct simply because it has not happened yet. By Douglas A. Rochen of Kabateck Brown Kellner LLP


By Douglas A. Rochen


Although the law does not impose a duty on a landowner to predict the future, it does require them to guard against potential crimes that are reasonably foreseeable. Contrary to what most insurance companies and defense attorneys would like to believe, a prior crime is only one factor used to evaluate the foreseeability of future crimes. Over the past several years, courts have weighed a variety of circumstances to determine foreseeability. I...

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