Cited by

Opinions in Louisiana that cite Posecai v. Wal-Mart Stores, Inc., 752 So. 2d 762.

126 citing documents.

Linda Wessinger v. John Morris in his Official Capacity as Mayor of Town and Official Capacity as of … La. Ct. App. 1st Cir. 2025
11/ 30/ 99), Brown v. England, L. P., 2024-0264 ( La.
Jazzline Pickney Indv and Obo Her Minor Son Rotrevious Pickney v. Jamie L. Richard La. Ct. App. 3d Cir. 2025
William Campbell v. Orient-Express Hotels Louisiana, Inc., Windsor Court Hotel Inc. of Delaware, Windsor Court Hotel, L.L.C., Windsor … La. 2025
11/30/99), (where the court “found that no duty was owed, [it did] not reach the other elements of the duty-risk analysis that must be proven in establishing a negligence claim.”).
Brandon Brown v. England Partner, L.P., Tammy Hotard, Windsor Place ABC Insurance Company and EFG Insurance Company La. Ct. App. 1st Cir. 2024
Angela Pickard v. amazon.com, Inc. La. 2024
11/30/99), n.7; Mundy v. Department of Health & Human Resources, 620 So.
Lawrence Hughes and Deidra Hughes v. Henry Jenkins, Jr., Replacement Parts Inc., Zurich American Insurance Co., and Louisiana … La. Ct. App. 1st Cir. 2024
Catherine Evans, Et Al. v. Abubaker, Inc., Et Al. La. 2024
Nyress Manning on Behalf of Minor Child, Corey Williams, Jr., for the Wrongful Death of Dereial Manning and … La. Ct. App. 4th Cir. 2024
11/30/99), and Landry v. St.
William Campbell v. Orient-Express Hotels Louisiana, Inc., Windsor Court Hotel Inc. of Delaware, Windsor Court Hotel, L.L.C., Windsor … La. Ct. App. 4th Cir. 2024
Jake Carmouche v. National Union Fire Ins. Company of Pittsburgh, Pa La. Ct. App. 3d Cir. 2024
Posecai v. Wal-Mart Stores, Inc., (La.
Gwendolyn Adams Versus Nathaniel Rose and Pinnacle Entertainment, Inc., D/B/A Boomtown Casino & Hotel New Orleans La. Ct. App. 5th Cir. 2023
11/30/99), the Louisiana Supreme Court considered the issue and stated: We now join other states in adopting the rule that although business owners are not the insurers of their patrons’ safety, they do have a duty to implement reasonable measures to protect their patrons from criminal acts when t
Deanna Smith v. State of La., Dotd La. Ct. App. 3d Cir. 2023
Lafayette Steel Erector, Inc. d/b/a LSE Crane and Transportation and IC Rigging, LLC v. G. Kendrick, LLC, Low … La. Ct. App. 1st Cir. 2023
Lionel Wayne Magee and Miyoko Magee v. IASIS Glenwood Regional Medical Center, LP La. Ct. App. 2d Cir. 2023
Jordan Jones Favret v. John Favret, Kathy Favret, Justin Phipps Boyce, and Madison Gallo Boyce La. Ct. App. 4th Cir. 2023
Jena Rougeau v. Hospital Service District 2 of Beauregard Parish La. Ct. App. 3d Cir. 2023
Faith in Farming Company, L.L.C. v. State of Louisiana, through the Department of Transportation and Development Consolidated with … La. Ct. App. 2d Cir. 2023
11/30/99), Pitre v. Opelousas Gen.
Suzanne Farrell And Joseph Farrell v. Circle K La. 2023
Dorris Manecke v. Golden Nugget Lake Charles, LLC La. Ct. App. 3d Cir. 2023
11/30/99), (citations omitted), the Louisiana Supreme Court explained as follows: Whether a duty is owed is a question of law.
Christian Blaine Perkins v. Dusty King La. Ct. App. 3d Cir. 2023
11/30/99), Perkins first argues that social hosts can be liable for negligence for failing to prevent the intentional torts of third parties.
Richard and Patricia Pannell v. the City of Scott La. Ct. App. 3d Cir. 2023
11/30/99), (citations omitted).
Officer John Doe, Police Officer v. Deray Mckesson; Black Lives Matter; Black Lives Matter Network, Incorporated La. 2022
Posecai v. Wal- Mart Stores, Inc. , (La.
Luigi Malta, Individually And On Behalf Of His Minor Child, Giovanni Malta v. Herbert S. Hiller Corporation, Hiller … La. 2021
Michel Jackson Miller, Individually And As Natural Tutrix Of Her Minor Son v. The State Of Louisiana, Department … La. 2021
Haynes Interests, LLC; COS Investment Group, LLC; Blue Bayou Water Park, LLC; Dixie Landin, LLC v. Garney Companies, … La. Ct. App. 1st Cir. 2021
Kimi Seymour, Individually and on Behalf of Her Daughter, Brittany Seymour v. House of Blues New Orleans Restaurant … La. Ct. App. 4th Cir. 2020
11/30/99), (addressing the test to determine whether a 6 supra.
Dearmon v. St. Ann Lodging, L. L.C. 267 So. 3d 639 La. Ct. App. 1st Cir. 2019
Carroll v. Allstate Ins. 244 So. 3d 772 La. Ct. App. 2d Cir. 2017
State Farm Fire & Casualty Co. v. Hotel Management of New Orleans, L.L.C. 219 So. 3d 435 La. Ct. App. 1st Cir. 2017
Boudreaux v. Papa Bear's Pizza, LLC 220 So. 3d 84 La. Ct. App. 1st Cir. 2017
Peters v. Hackbarth Delivery Service Inc. 204 So. 3d 1157 La. Ct. App. 1st Cir. 2016
11/30/99), , the most important factor to be considered in deciding whether a business owes a duty of care to protect its customers from the criminal acts- of third parties is the existence, frequency and similarity of prior incidents of crime on the premises, but the location, nature and condition of the property *1162 sho
Boyd v. Cebalo 191 So. 3d 59 La. Ct. App. 1st Cir. 2016
Carr v. Sanderson Farm, Inc. 189 So. 3d 450 La. Ct. App. 1st Cir. 2016
Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
Toups v. Dantin 181 So. 3d 33 La. Ct. App. 1st Cir. 2015
Id.; see also Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
Larrea v. Cefalu 162 So. 3d 1224 La. Ct. App. 1st Cir. 2015
In Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , the Supreme Court explained: A threshold issue in any negligence action is whether the defendant owed the plaintiff a duty.
Finch v. HRI Lodging, Inc. 152 So. 3d 1039 La. Ct. App. 2d Cir. 2014
Our review of the facts leads us to conclude that Schweg-mann discharged its duty in a reasonable manner calculated to prevent patrons from criminal assault.” In Posecai v. Wal-Mart Stores, 99-1222 (La.11/30/99), , the Louisiana Supreme Court, in determining whether Sam’s Club owed a duty to Mrs. Posecai, who was the victim of an armed robbery in their parking lot, defined the merchant’s duty to provide security as a “duty to protect against the foreseeable criminal acts of third persons.” *1045
Salafian v. Gabriel 146 So. 3d 753 La. Ct. App. 1st Cir. 2014
In Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.l1/30/99), , the Louisiana Supreme Court adopted a balancing test to use to determine whether a business owes a duty of care to protect its customers from the criminal acts of third parties: The foreseeability of the crime risk on the defendant’s property and the gravity of the risk determine the existence and the extent of
Zacher v. Harrah's New Orleans Management Co. 136 So. 3d 132 La. Ct. App. 1st Cir. 2014
4th Cir.1993); Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), ; Harris v. Pizza Hut of Louisiana, Inc., Carpenter v. Johnson, 95-0431 (La.App.
Frank Culley Firmin v. Gregory Todd Firmin La. Ct. App. 3d Cir. 2013
11/30/99), the supreme court addressed claims that a business failed to provide adequate security, and, because of that failure, the patron was the victim of a criminal act by a third party.
Firmin v. Firmin 123 So. 3d 906 La. Ct. App. 1st Cir. 2013
Duty to Protect Others from the Criminal Activities of Third Parties The plaintiff first argues that the trial court erred in finding that Oasis did not have a duty to provide “security and protection to its patrons.” In Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , the supreme court addressed claims that a business failed to provide adequate security, and, because of that failure, the patron was the victim of a criminal act by a third party.
Alexander v. Toyota Motor Sales, U.S.A. 110 So. 3d 668 La. Ct. App. 1st Cir. 2013
4 Cir. 5/18/11), , reh’g denied (7/20/11), writ denied, 11-1800 (La.10/21/11), ; see Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 4 (La.11/30/99), .
Jennifer Thomas v. Eagle Properties of Alexandria La. Ct. App. 3d Cir. 2012
Thomas v. Eagle Properties of Alexandria 100 So. 3d 382 La. Ct. App. 1st Cir. 2012
By 1999, the supreme court was called upon again to address the issue of a business owner’s duty toward its patrons regarding crimes committed by third parties in Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), .
Ponceti v. First Lake Properties, Inc. 93 So. 3d 1251 La. 2012
[sIn Posecai v. Wal-Mart Stores, Inc., 99-1222 (La.11/30/99), , we adopted a balancing test to determine whether a business owed a duty to protect its customers from the acts of a third party: With the foregoing considerations in mind, we adopt the following balancing test to be used in deciding whether a business owes a duty of care to protect its customers from the criminal ac
Jimenez v. OMNI ROYAL ORLEANS HOTEL 66 So. 3d 528 La. Ct. App. 1st Cir. 2011
See Posecai v. Wal-Mart Stores, Inc., 99-1222, p. 4 (La.11/30/99), .
Warren v. Kenny 64 So. 3d 841 La. Ct. App. 1st Cir. 2011
See Posecai v. Wal-Mart Stores, 99-1222 (La.11/30/99), .
Carleen Willis v. Rapides Parish Communications District A/K/A 911" " La. Ct. App. 3d Cir. 2010
Willis v. RAPIDES PARISH COMMUNICATIONS DISTRICT 30 So. 3d 1186 La. Ct. App. 3d Cir. 2010
Jeffery Alexander Arkell v. Lafayette City-Parish Consolidated Government La. Ct. App. 3d Cir. 2010
11/30/99), ], 99-1222 at 4, 752 So.2d at 766; Meany v. Meany, 94-0251, p. 6 (La.7/5/94)
Patterson v. DeMatteo 21 So. 3d 1094 La. Ct. App. 1st Cir. 2009
Posecai v. Wal-Mart Stores, Inc., 99-1222, (LA.11/30/99), .