Deterrability and Preventability Common Defenses for Landowners in Inadequate Security Cases

After a landowner looks to the issue of causation as the first possible ground for dismissing a crime victim’s claim that they were injured due to lack of adequate security, landowner’s may assert two additional defenses to defeat the crime victim’s claim. First, in a case involving a third party criminal attack they may well argue that the attack was an intervening independent cause of the injury. Secondly, defendants may attack causation by arguing that no matter what security was provided the criminal would still have attacked the crime victim.