Posecai v. Wal-Mart Stores, Inc.

752 So. 2d 762 · Supreme Court of Louisiana · 1999

Facts

Shirley Posecai was robbed at gunpoint in Sam's Wholesale Club's parking lot, losing valuable jewelry. She sued Sam's for negligence, alleging inadequate security. Sam's had an internal security guard but none patrolling the parking lot, and while the surrounding area was high crime, Sam's premises had few prior similar incidents.

Issue

Did Sam's Wholesale Club owe a duty to protect Mrs. Posecai from the criminal acts of third parties in its parking lot, given the facts and circumstances of this case?

Holding

No, the Louisiana Supreme Court reversed the lower court's decision, holding that Sam's owed no duty to protect Mrs. Posecai. The court found that the degree of foreseeability of criminal acts in Sam's parking lot was insufficient to impose a duty to provide security patrols or lesser security measures.

Rule

Business owners have a duty to implement reasonable measures to protect patrons from foreseeable criminal acts, determined by a balancing test. This test weighs the foreseeability and gravity of the crime risk against the burden of imposing a duty, with prior similar incidents on the premises being the most important factor.

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Case brief last reviewed 2026-01-17. Prepared by CaseReader from the published opinion.