Generally, Illinois law does not impose a duty to protect another from the criminal conduct of a third party unless the conduct was reasonably foreseeable and the injured party and defendant stood in one of the following “special relationships”: common carrier and passenger; innkeeper and guest; business invitor and invitee; or voluntary custodian and protectee.
For example, if a shopper at a grocery store was robbed in the store’s parking lot, then the store may not be liable if the store could not have reasonably foreseen an attack. However, if there had been prior instances of robberies or attacks in the lot and the store was made aware of them, then the store might be liable. The store could have hired a security company to protect against attacks in the lot, but then the security guard falls asleep while on his watch and is unable to deter crimes. In these cases, someone attacked by a third party could have a lawsuit against the store and the security company.
Cases involving the criminal acts of third parties are very fact specific and must be looked at very thoroughly to determine if a case exists against another party outside of the perpetrator. If you have been a victim of a crime, it is important to contact a lawyer well versed in these matters. Dolan Law is experienced in these cases and has achieved success on behalf of victims of crime.
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