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Owner of Restaurant Not Liable for Parking-Lot Assault on Plaintiff by Another Patron

In finding summary judgment should have been granted to the defendant bar/restaurant, the Second Department explained the analytical criteria re: liability for the assault by one patron upon another.  A verbal dispute erupted inside the restaurant and plaintiff was struck as the dispute continued in the parking lot:

“Landowners, as a general rule, have a duty to exercise reasonable care to prevent harm to patrons on their property” … . “However, an owner’s duty to control the conduct of persons on its premises arises only when it has the opportunity to control such conduct, and is reasonably aware of the need for such control” … . “Thus, the owner of a public establishment has no duty to protect patrons against unforeseeable and unexpected assaults” … .

The defendant established his prima facie entitlement to judgment as a matter of law dismissing the negligence cause of action with evidence demonstrating that he could not have reasonably prevented the unforeseeable and unexpected assault upon the injured plaintiff … . Hegerty v Tracy, 2015 Slip Op 001415, 2nd Dept 2-18-15

 

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