Not all cases are alike, and therefore, not all cases will have the same foreseeability analysis. The unique facts and circumstances of each individual case will impact how foreseeability is determined. Generally, though, the following factors are considered when determining whether a crime was foreseeable:
The Location Factor
One factor courts often consider when looking at foreseeability is location. For example, if a business is located in an area with high crime rates, criminal activity is more likely to be found foreseeable than if it were located in an area with low crime rates. This is because businesses located in high-crime areas are more likely to attract criminals and because people are more likely to be targeted for criminal activity when they are in areas where crime is more prevalent.
Similar Crimes
Another thing that will be looked at are any similar crimes that have occurred in the vicinity. If there have been a number of assaults or robberies at businesses similar nearby or at the same business, then it may be more foreseeable that something could happen to you as well.
Proximity in Time
The last thing that will be considered is the proximity in time of other crimes in the area or on the premises. If there have been a number of crimes recently, then it is more likely to be foreseeable that something could happen again than if there hadn’t been any criminal activity in many years.
Victims of Crimes May Have Recourse Outside of Civil Court
Although suing for negligent security can be an effective way to recover damages if you've been injured due to someone else's negligence, it's important to keep in mind that this is not your only option. In some cases, victims of crimes may also be able to seek relief through criminal prosecution or filing for a restraining order.