716 S.E.2d 910
S.C.2011Background
- Bass, a guest at Super 8 in Orangeburg, was robbed and shot outside his motel room during an attempted robbery on September 28, 1999.
- Gopal, Inc. operated the Super 8 as a franchisee; the exterior corridor motel premises were at issue for safety measures.
- Bass sued for negligence; the circuit court granted summary judgment in favor of Respondent and Super 8, and the Court of Appeals affirmed.
- The central question was whether Respondent owed a duty to protect Bass from a third-party criminal act given foreseeability and the premises’ security.
- South Carolina adopts a balancing (foreseeability vs. precaution burden) approach to determine duty, replacing earlier ‘prior incidents’ or imminent-harm rules.
- Evidence included a CRIMECAST report indicating elevated risk for crimes against persons at the Super 8 and county-wide crime data, but expert testimony on Respondent’s precautions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Respondent owed a duty to protect Bass from a third-party crime. | Bass argued foreseeability and inadequate security impose a duty. | Respondent contends no duty absent knowledge of a probable threat; prior incidents insufficient. | Yes, but duty limited by reasonableness; no liability found because security measures were reasonable under the risk. |
Key Cases Cited
- Shipes v. Piggly Wiggly St. Andrews, Inc., 269 S.C. 479 (1977) (imminent harm rule adoptive framework for duty to protect against third-party acts)
- Cornpropst v. Sloan, 528 S.W.2d 188 (Tenn. 1975) (early framework for duty to guard against crime)
- Isaacs v. Huntington Mem'l Hosp., 38 Cal.3d 112 (Cal. 1985) (critique of prior-acts rule and support for broader foreseeability)
- Ann M. v. Pacific Plaza Shopping Ctr., 6 Cal.4th 666 (Cal. 1993) (balancing approach to foreseeability and duty)
- Delta Tau Delta v. Johnson, 712 N.E.2d 968 (Ind. 1999) (endorses balancing approach; security measures linked to foreseeability)
- McClung v. Delta Square Ltd. P'ship, 937 S.W.2d 895 (Tenn. 1996) (limits of totality approach; supports balancing duty)
- Posecai v. Wal-Mart Stores, Inc., 752 So.2d 762 (La. 1999) (property owner duty analyzed via foreseeability and balancing)