Crucial Exams

Multistate Bar Examination Practice Question

A customer at a shopping mall is attacked in the parking lot by an individual who had been loitering near the entrance earlier in the day. The mall’s security guard observed the individual loitering but failed to take any action, such as issuing a warning or contacting law enforcement before the incident occurred. The injured customer files a negligence claim against the mall, arguing the mall failed to provide a reasonably safe environment. Which statement best reflects the mall’s responsibilities?

  • The mall is not liable because the harm resulted directly from the decisions made by the third-party loiterer, not the actions of the security guard.

  • The mall satisfied its responsibilities by contacting law enforcement after the assault, as businesses are not required to prevent criminal acts from occurring.

  • The mall cannot be held accountable because the violent actions of a third party are independent and fall outside the scope of the mall’s control.

  • The mall has a legal obligation to take reasonable steps to ensure customer safety, which can include addressing identifiable risks from third-party actions when those risks are foreseeable.

Multistate Bar Examination
Torts
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