While criminal cases demand proof beyond a reasonable doubt, civil lawsuits for negligent security in most states require a 51% demonstration of the property owner's negligence in preventing a foreseeable crime. Photo: flickr
In 2012, James Carmichael had made arrangements to sell an iPad and met a potential buyer in a CVS parking lot. However, the sale fell through. As the buyer left, another individual appeared and held Carmichael at gunpoint, demanding all of his money and the iPad. Carmichael complied and pled for his life while he pulled his own weapon to protect himself from the thief. The gun jammed. The robber then proceeded to shoot Carmichael multiple times in the stomach, back and shoulder before fleeing the scene.
Carmichael managed to pull himself into the CVS store and contacted EMS for assistance before collapsing. Although his life was saved, he was been left with permanent nerve damage, hearing loss and chronic pain. His medical expenses totaled $725,800. Carmichael sued CVS for negligent security and premises liability. The jury awarded $45 million in damages, where 5% of the fault was given to Carmichael for a total award of $42.75 million. The jury awarded 0% liability to the actual shooter.
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