In general, courts do not hold one person or entity responsible for the negligent or criminal actions of another.
But of course, there are always exceptions. In civil cases, sometimes the courts will allow an entity or person who owes a special duty of care to a victim and who failed in that duty, thereby allowing a third party to take advantage, to be held responsible. These cases require very specific criteria to be met. Usually, we see it in premises liability cases where a landlord or nightclub owner or school owed a duty to tenants/patrons/students to protect them and failed to secure adequate security, resulting in third-party violence (rape, assault, etc.).
In the South Carolina case of Johnson v. American Towers, LLC., reviewed recently by the U.S. Court of Appeals for the Fourth Circuit, plaintiff made a novel assertion regarding a third-party attack. Injured plaintiff accused a cell phone company of negligence after a prison inmate, using a contraband cell phone, ordered an attack on victim, a prison guard, at the guard's home. The guard was shot multiple times at the behest of this prisoner.
Continue reading "Johnson v. American Towers - Cell Companies Not Liable for Third-Party Attack in South Carolina" »