Practice point: A public establishment's owner has no duty to protect patrons against unforeseeable and unexpected assaults.
Student note: While landowners in general have a duty to act in a reasonable manner to
prevent harm to those on their property, an owner's duty to control the
conduct of persons on its premises arises only when it has the
opportunity to control such persons and is reasonably aware of the need
for such control.
Case: Bisignano v. Raabe, NY Slip Op 04081 (2d Dept. 2015)
Here is the decision.
Tomorrow's issue: Failure to deny an allegation in a complaint.
