Butler v. Acme Mkts., Inc

In Butler v. Acme Mkts., Inc., 89 N.J. 270, 275-76, 445 A.2d 1141 (1982), the Court concluded that it was for the jury to determine whether the defendant business owner exercised reasonable care in performance of its duty to safeguard its business invitees from the criminal acts of third persons. Id. at 270, 445 A.2d 1141 (upholding the reversal of trial court's judgment notwithstanding the verdict and reinstating jury's verdict for customer attacked in store's parking lot at night). In so holding, the court observed that there had been seven muggings in the store's parking lot within a year, five of the muggings occurred at night within four months from the attack, the store only had one security officer whose main duty was to patrol inside the store, and there were no signs or warnings advising patrons of the possibility of danger. Id. at 274-75, 445 A.2d 1141.