When Is Your Enterprise Liable for Outsider Violence on Campus?
While the terminology varies somewhat, businesses may anticipate three categories of individuals entering their premises: guests, invitees, and trespassers. A "guest" is one having a specifically addressed personal invitation to enter the property, such as a mayor invited to a grand opening. An "invitee" is an individual reasonably expected to enter the property, such as a customer or an employee, but who has not been personally invited like the guest. A "trespasser" is an unlawful intruder. In the absence of specific legislation or regulation, the common law doctrine of negligence applies to virtually all injuries that guests, invitees, or trespassers might receive at the hands of an outsider who enters the business premises. Strict liability may apply to a business engaged in intentional wrongdoing or conducting ultra-hazardous activities. Negligence law imposes a high duty of care by the business toward guests, reasonable care toward invitees, and low or no care toward adult trespassers.
Two recent judicial decisions illustrate these rules in the context of violent actions perpetrated by the entrant. A federal Second Circuit Court of Appeals decision allowed a lawsuit to proceed against Denny's by a customer who was injured by other customers. (Gray v. Denny's Corporation). The injured customer asked the other customers to be quiet. They assaulted her. Denny's employees had not responded to her prior request that they act.