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LEGAL EASE
Reading between the lines, the point of these three factors all large. But it does apply to those with whom a relationship exists
relate to the issue of foreseeability. A property owner or manager (i.e. a business owner has a duty to his patrons just as a physician
who should be aware that crimes are occurring at or near his prop- has a duty to his patients). So, next time you’re the victim of a
erty has a duty to take steps to protect people from them. Cars are crime, you may have recourse beyond the person who did it. Con-
frequently broken into at the mall so they have a duty to protect versely, you may have responsibility for the criminal acts of others
you from those criminals when you go shopping. That’s why they for the same reason.
have roving golf cart security, lighting, cameras and patrolmen.
Just as you would have an obligation to take reasonable measures Gone are the days when only the criminal was on the hook. Re-
to protect your patients if you knew your parking lot had a history member, liability is not automatic. It requires proof that this crime
of frequent and recent assaults. Just as you could be liable for mis- was something you should have known was likely to happen. And,
use of your prescription pad if you had reason to believe it was beyond that, it requires proof that you were in a position to do
being misappropriated. Just as you could be liable for your em- something about it. And, beyond that, it requires proof that you
ployee if he had a recent, serious, prior sexual offense history and took no preventative measures whatsoever, or that the ones you
you didn’t bother to do a background check. took weren’t reasonable.
It all goes to the issue of foreseeability. The bottom line is that George F. “Rick” Evans Jr., is the founding partner
if a person has reason to anticipate that somebody else will commit of Evans, Rowe & Holbrook. A graduate of Marshall
a criminal act, that person may be liable for the act if he’s in a po- College of Law, his practice for 36 years has been exclu-
sition to reduce the chance of it happening. The duty to take rea- sively dedicated to the representation of physicians and
sonable steps to protect from a crime isn’t owed to the public at other healthcare providers. Mr. Evans is the BCMS general counsel.
visit us at www.bcms.org 33
