Memphis Kroger Parking Lot Attack: Who Is to Blame?

On Saturday, September 6, 2014, three individuals were attacked and injured by a group of at least twenty young people in the Poplar Plaza Kroger parking lot.  Early reports indicate that the mob was chanting the name of a local gang.  The attacks sparked outrage among Memphis residents, community leaders, and local politicians.  The attack was caught on video and has been widely circulated on local news programs and on social media.  Mayor A.C. Wharton called on the parents and anyone who knows the attackers to come forward and turn themselves in to the police.

It is easy to blame these criminal attacks on the attackers, and parents of the attackers, but should the blame stop here?  Maybe not.

RELATED: Bailey & Greer File Lawsuit Against Kroger and Belz for Man Shot in Parking Lot

Shopping Centers Owe a Duty to Provide a Safe Parking Lot to Customers

Business owners and landlords of shopping centers owe a duty to take reasonable steps to protect their customers and employees.  This does not just mean that they should clean-up spilled liquids in a timely manner or repair loose railing on a staircase.  Shopping centers and grocery stores have a duty to protect customers from foreseeable criminal attack, including discovering that the criminal acts are being done or are likely to be done and/or giving warning to the customer.

In the recent Kroger incident, an off-duty Kroger employee began to video the mob before the attack began and she can be heard laughing on the tape as the attack begins.  Shortly thereafter, she is heard asking for security and requesting that someone call for help.

What Steps Can Shopping Centers Take to Protect Customers from Criminal Attacks

The level of protection required by a business owner or landlord to protect customers depends largely on the crime on the premises and the surrounding area.  If a shopping center is located in a high crime area and/or previous incidents of violent criminal activity have occurred on the property, then the shopping center must take extra precautions to protect customers.  Here are some safety measures that shopping centers can take:

• Provide a sufficient number of security personnel;
• Hire only qualified and appropriately trained security personnel and provide proper supervision and discipline;
• Implement and enforce proper policies and procedures concerning security personnel;
• Monitor criminal activity in the area to weigh the foreseeability of criminal activity;
• Implement a best practices plan, including a security plan, in order to prevent harm and protect customers;
• Provide a sufficient number of operable security cameras and publicize the use of security cameras;
• Intervene in order to disrupt, delay or stop the criminal activity after being placed on specific notice that criminal activity is occurring or about to occur on the premises;
• Call the police immediately after being placed on specific notice that criminal activity was occurring or was about to occur on the premises; and
• Warn customers that criminal activity is occurring or about to occur so that customers can take action to protect their safety.

Injury By Criminal Conduct at Shopping Center?

Customers who are injured by criminal conduct while on the property of grocery store, shopping center, or other business, may be able to file a lawsuit against the owner of the business and the landlord.  The attorneys at Bailey & Greer have handled inadequate security cases in Memphis, Tennessee, including cases against Kroger.  Every case is different so if you have questions about your potential case, call us for a free consultation today at 901-680-9777 or contact us here.