Claim For Injuries From Being Attacked In Parking Lot

A college student’s kidnapping and rape could not support a claim for negligence and damages against her college where there were no prior incidents of kidnapping, assault, attacks, car-jackings or similar crimes.  The student went to her car at midday, got in her car, and was suddenly attacked and the intruder forced himself into the car and further assaulted her.  Evidence of alleged notice to the college of the danger included only general crime statistics for city areas, general students fear of the area, and of property crimes in that particular parking lot such as auto break-ins and vandalism, but not personal assaults.  The Court held this evidence was simply insufficient to put the college on notice of the danger, and thus established no duty to take protective actions.  Therefore, the criminal act of the perpetrator was not foreseeable to the school as a matter of law.

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