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POSECAI v. WAL-MART STORES, INC.
Supreme Court of Louisiana (1999) | 752 So.2d 762
TL;DR: Posecai sued Sam’s after an armed robbery in its parking lot, alleging inadequate security. The court held that the limited history of similar crimes did not make the risk sufficiently foreseeable to require security measures, reversed the judgment for Posecai, and dismissed her suit.
Legal Significance: The court adopted a balancing test for businesses’ duties to protect customers from third-party crimes. Foreseeability and gravity of harm determine the duty’s existence and extent; security guards require very high foreseeability, with prior crimes on the premises the most important factor.