It also changes the law in every negligence case that requires a duty analysis as a threshold issue. More importantly, it shifts the allocation of power in such cases. L. Rev. at 1703. Traditionally, duty is a threshold legal issue the court properly decides. L. Rev. at 1703.
Proximate cause is usually a jury issue.
L. Rev. at 1703. Consequently, changing the duty analysis to include the traditional proximate cause foreseeability test allocates more power to trial judges, as well as appellate judges, to decide questions traditionally and properly reserved for the jury. Duty is the threshold inquiry, which is a question of law for the court to decide. See Greater Houston Transp. As a general rule, a landowner has no duty to prevent criminal acts of third parties who are not under the landowner's control or supervision.