From time to time I write about a new court decision of interest to real estate and construction professionals, and punctuate my comments with the observation that the courts are not stupid and cut through the technical and procedural to get to what is really just. Not this time.
It has happened again. The trial court and the Court of Appeal in Los Angeles have upheld a $5.42 million jury verdict, where the business posted two security guards in its unisex bathroom area all night until very late, and as soon as they left their post, an employee raped the plaintiff. The bar-club tried to defend by claiming that it had no duty to protect the plaintiff against being raped by one of its employees, because it was not foreseeable that such a crime would occur unless it posted guards. The trial court and the Court of Appeal rejected this defense, because by posting two security guards there every night for most of each night, the bar-club admitted it knew it needed guards in the bathroom area.