Concert in the Park
Q: The other day, I went to an outdoor concert to distribute pamphlets. While in the parking area, I was attacked. Those guys were drunk, red eyes, bottles in their hand, smelling. When the attack occurred, officers were stationed at SOME parts of the parking fields, but I don’t think any were in the parking area.
A: A landowner owes people on his property a duty of reasonable care under the circumstances to maintain the property in a safe condition. However, she is not an insurer of a visitor’s safety. Her duty is defined by past experience and the likelihood of conduct on the part of third persons that is likely to endanger the safety of a visitor.
In your case, it might be that this brutal attack was not foreseeable: that the types of crimes committed at past concerts were less serious than a criminal assault, and would not lead the City or the producer to predict it. Certainly, one hopes that a random criminal attack of this nature is not a predictable result, in our society, of the gathering of a large group of people.
A court will ask what measures could have been undertaken to prevent your injury. To have had a security officer posted at the precise location where the incident took place, or wherever pedestrians were gathered, would seem an unreasonable burden.
Be this as it may, take this case to a lawyer: there may well be a winning detail that you have overlooked.
By: Scott Baron,
Attorney at Law Advertorial
The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.
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