The standard of care that applies to personal injuries sustained in a third party assault on someone else's premises.

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The Standard of Care in Third Party Assault Cases

Generally, a store has no duty to protect a customer or invitee from an assault by a third party unless the store knows that an assault is occurring, or is about to occur, which indicates an imminent probability of harm to the invitee. There must be notice of a specific danger prior to the assault. However, where the store has specific knowledge of a particular individual’s tendency to inflict harm on others, and has intervened in the past to prevent such injuries from occurring, a store may be on notice that a third party poses an imminent threat of harm to its invitees.


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Bucci & Dix
10710 Midlothian Turnpike
Suite 304
Richmond, VA 23235
Phone: (804) 897-3950
Fax: (804) 379-0173

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