Practice point: The owner of a public establishment 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: Afanador v. Coney Bath, LLC, NY Slip Op 00312 (2d Dept. 2012).
Tomorrow’s issue: Falls on City property.
