T. ERWIN SATCHWELL, III, APPELLANT,
v.
LAQUINTA MOTOR INNS, INC., APPELLEE

Fla. 1st DCA | 1988-11-02
No. 87-472
SHIVERS, WIGGINTON and ZEHMER, JJ., concur.
532 So. 2d 1348 Florida District Court of Appeal, First District (1988) Caution
Cited by 9 cases

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Synopsis

A motel guest sued for negligence after being attacked and robbed in his room, claiming the motel operator failed to provide adequate security against foreseeable criminal conduct. The trial court directed a verdict for the motel, and the appellate court affirmed, holding that the guest failed to present sufficient evidence that the risk of criminal attack was unreasonably high without additional security measures.


Holding

Although the exclusion of prior criminal activity evidence was error, it was harmless because the plaintiff failed to establish a prima facie case of negligence. The directed verdict was proper because the plaintiff presented insufficient evidence demonstrating that the motel operator knew or should have known, in light of all attendant circumstances, that the risk of criminal conduct was unreasonably high without additional security measures.


Headnotes

[1] A proprietor owes a continuing legal duty to business invitees to use ordinary care to keep the premises in a reasonably safe condition and protect them from harm due to…

[2] The duty of a proprietor to protect invitees from criminal attacks by third parties hinges on the foreseeability of such attacks; if the criminal attack is not foreseeabl…

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Key Quotes

“If the criminal attack is not foreseeable, no duty arises.”

Establishes the foundational principle that foreseeability of criminal conduct is a prerequisite to imposing a duty on property owners to provide security.

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Facts & Procedural History

On February 3, 1984, appellant checked into appellee's motel and was attacked, beaten, and robbed in his room by assailants who entered through an ope…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, plaintiff below, brings this appeal from the trial court’s order directing a verdict in favor of appellee, the defendant below. Two issues are raised for our consideration: (1) whether the trial court erred in excluding evidence of prior criminal activity that occurred on appellee’s premises some sixty days prior to the crime committed against appellant; and (2) whether the trial court erred in granting appellee’s motion for directed verdict. We affirm.

On February 3, 1984, appellant checked into appellee’s motel. Around 11:15 p.m., while carrying his bags into his room, he was attacked, beaten, and robbed while in his room, the assailants having entered the room through the door appellant had left open behind him.

Appellant filed a complaint alleging one count of negligence and one count of punitive damages. In the complaint, appellant alleged that appellee had breached its duty to provide lodging which was reasonably safe from foreseeable criminal conduct of third persons by failing to provide adequate security on the premises for the protection of persons lawfully on the premises, and as a direct and proximate result of that negligence, appellant was attacked, beaten, and robbed while in his room that had been assigned to him.

During trial, the judge excluded testimony concerning an incident in December 1983 when a car was stolen from the inn’s parking lot. The trial judge sustained the objection to that testimony on the basis that it was an isolated incident not probative to show actual or constructive knowledge or foreseeability. (The evidence was subsequently allowed in solely for impeachment purposes.) Thereafter, the testimony revealed that on the night of the attack, the night auditor was on duty assisting new guests and occasionally walking the area as security. It was also shown that the lighting outside of the building which housed appellant’s room consisted of four inch by ten inch yellow lights situated every two rooms and that the inn was adjacent to relatively wooded and undeveloped property.

Finally, there was testimony concerning past encounters by the innkeeper with vagrants who had been discovered sleeping in a trash can area on the perimeter of the premises and that, in the past, appellee had utilized two security guards during times of heavy business.

At the close of appellant’s case, appellee moved for a directed verdict which was granted. The trial judge was of the opinion that the evidence was insufficient for him to conclude as a matter of law that a reasonable person could say it was foreseeable that appellant would have been robbed and beaten the night in question.

As a motel operator, appellee was under a continuing legal duty to its business invitees to use ordinary care to keep the premises in a reasonably safe condition and protect them from harm due to reasonably foreseeable risks of injury. Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985); Kolosky v. Winn-Dixie Stores, Inc., 472 So. 2d 891 (Fla. 4th DCA 1985), review denied, 482 So. 2d 350 (Fla.1986); Orlando Executive Park, Inc. v. P.D.R., 402 So. 2d 442 (Fla. 5th DCA 1981), affirmed, 433 So. 2d 491 (Fla.1983).

Whether appellee was under a duty to provide security guards and other precautions to prevent the criminal attack upon appellant by third parties on a particular occasion turns on whether it was reasonably foreseeable that such attacks would occur in the absence of such precautions; “If the criminal attack is not foreseeable, no duty arises.” Orlando Executive Park, Inc. v.

P. D. R., 402 So. 2d at 446. See also, Hall v. Billy Jack’s, Inc., 458 So. 2d 760, 761 (Fla.1984).

This foreseeability requirement has often been met by proving that the proprietor knew or should have known of the dangerous propensities of a particular patron.... But specific knowledge of a dangerous individual is not the exclusive method of proving foreseeability. It can be shown by proving that a proprietor knew or should have known of a dangerous condition on his premises that was likely to cause harm to a patron....

“The extent of the defendant’s duty is circumscribed by the scope of the anticipated risks to which the defendant exposes others. In order to prevail in a lawsuit, the plaintiff must demonstrate that he is within the zone of risks that are reasonably foreseeable by the defendant.”

Stevens v. Jefferson, 436 So. 2d 33, 34-35 (Fla.1983), quoting Crislip v. Holland, 401 So. 2d 1115, 1117 (Fla. 4th DCA 1981).

While foreseeability of such risks requires reasonable precautionary measures that will deter crime generally, such measures “cannot reasonably be expected to prevent all crime or any one specific criminal act.” Reichenbach v. Days Inn of America, Inc., 401 So. 2d 1366, 1368 (Fla. 5th DCA 1981), review denied, 412 So. 2d 469 (Fla.1982).

Factors to be considered in proving foreseeability include: (1) industry standards, (2) community crime rate, (3) extent of assaults or criminal activity in the area or in similar business enterprises, and (4) the presence of suspicious persons and the peculiar security problems posed by the premises design. Orlando Executive Park, Inc. v. P.D.R., 402 So. 2d at 447. Proof of these factors may be, and often is, presented through expert testimony. Of course, proof of prior similar incidents is pertinent but not essential to establishing foreseeability. Paterson v. Deeb, 472 So. 2d at 1219-20.

With these principles in mind, we turn to the case before us. Initially, we agree with appellant that it was error for the trial judge to exclude the testimony regarding prior criminal activities that had taken place on the premises.

Nonetheless, that error was harmless. Even considering that testimony, we agree with the trial judge’s evaluation of the evidence presented in appellant’s case in chief that appellant failed to make out a prima facie case for submission to the jury. Although, as a general rule, the issue of foreseeability in a negligence action is a question for the jury, where the basic underlying facts are completely without dispute, Rubin v. Brutus Corporation, 487 So. 2d 360 (Fla. 1st DCA 1986), and those facts point to but one possible conclusion, Cassel v. Price, 396 So. 2d 258 (Fla. 1st DCA 1981), the issue of foreseeability may be decided by the court as a matter of law. See Highlands Insurance Company v. Gilday, 398 So. 2d 834 (Fla. 4th DCA), review denied, 411 So. 2d 382 (Fla. 1981); Relyea v. State, 385 So. 2d 1378 (Fla. 4th DCA 1980).

We may hypothesize, without significant fear of contradiction, that without adequate security precautions sooner or later a motel guest at almost any motel located near an interstate highway will be subjected to a criminal attack by third persons. But such hypothesis is not a legal presumption, and it does not carry a plaintiffs burden of proof in actions such as this. The critical question is not whether the defendant motel operator knew or should have known that a criminal attack against a guest would occur on a particular occasion, but whether the motel operator knew or should have known, in light of all the attendant circumstances, that the risk of such criminal conduct taking place would be unreasonably high without the motel taking security precautions against such conduct.

In this case, appellant presented little, if any, evidence to make this showing. Apart from the single episode of the stolen car, appellant presented no evidence of any significant criminal activity against motel guests within five miles of the location of this motel.

The evidence concerning the hiring of security guards from time to time was predicated on the need to police unruly partying guests rather than the need to protect against the criminal acts of trespassers. Appellant called no expert witness, and did not present evidence of reasonable precautions that a motel operator in the position of appellee should have taken under the circumstances, nor did appellant establish how the facts and circumstances of this case gave rise to the appel-lee’s actual or constructive knowledge of any danger to motel guests from third party criminal assaults. Appellant presented no evidence that appellee violated any generally accepted industry standards, or that the design of appellee’s premises posed any peculiar security problems, or that suspicious persons had been present on the premises of appellee on prior occasions. In short, appellant simply failed to adduce evidence of facts that should have placed appellee on notice that its guests were fore-seeably subject to criminal attack by third parties.

Accordingly, the trial court had no choice but to enter a directed verdict for appellee.

AFFIRMED.

SHIVERS, WIGGINTON and ZEHMER, JJ., concur.


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Citator

Cited By

  • Hardy v. Pier 99 Motor INN, 664 So. 2d 1095 (Fla. 1st DCA 1995)
    …Systems, Inc., 560 So. 2d 395, 397 (Fla. 4th DCA 1990) (evidence of prior criminal activity in the surrounding area is relevant and admissible on the issue of the foreseeability of a criminal attack); but see, Satchwell v. LaQuinta Motor Inns, Inc., 532 So. 2d 1348 (Fla. 1st DCA 1988) (proof of prior similar incidents of criminal activity, while pertinent, is not essential to establishing foreseeability).4 Accordingly, we AFFIRM in part, REVERSE in part, and REMAND for further proceedings. [*1099] ZEHMER, C.J…
    1 / 2
  • …s, Inc., 458 So. 2d 760 (Fla.1984); Stevens v. Jefferson, 436 So. 2d 33 (Fla.1983); Orlando Executive Park v. Robbins, 433 So. 2d 491 (Fla.1983); Nicholas v. Miami Burglar Alarm Co., 339 So. 2d 175 (Fla.1976); Satchwell v. LaQuinta Motor Inns, Inc., 532 So. 2d 1348 (Fla. 1st DCA 1988); Fernandez v. Miami Jai-Alai, Inc., 386 So. 2d 4 (Fla. 3d DCA 1980); Drake v. Sun Bank & Trust Co. of St. Petersburg, 377 So. 2d 1013 (Fla. 2d DCA 1979); Werndli v. Greyhound Corp., Inc., 365 So. 2d 177 (Fla. 2d DCA 1978). The a…
  • Schmidt v. Towers Constr. Co. OF Panama City, 584 So. 2d 630 (Fla. 1st DCA 1991)
    …altar of foreseeability,” by “slavishly adhering to the now-discredited notion that at least one criminal assault must have occurred on the premises before the landlord can be held liable.” Id. at 1218-1219. Satchwell v. La Quinta Motor Inns, Inc., 532 So. 2d 1348 (Fla. 1st DCA 1988) is not inapposite. First, Satch-well involved a motion for directed verdict rather than a motion for summary judgment. Moreover, in contrast to the unique circumstances in Satchwell, the facts at this juncture, as is generally th…

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