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65 Mo. L. Rev. 255 (2000)
Here's Your Burrito and Watch Your Back: Does Missouri Really Want to Hold Businesses Liable for Attacks on Patrons

handle is hein.journals/molr65 and id is 265 raw text is: Here's Your Burrito and Watch Your Back: Does Missouri Really Want to Hold Businesses Liable for Attacks on Patrons? Stroot v. Taco Bell Corp.' I. INTRODUCTION In the late 1980s, Missouri altered a longstanding common law rule and found that businesses sometimes owe a duty to their patrons to protect against or warn about criminal attacks by third parties.' This new rule generally applies when a business has experienced prior incidents that are reasonably recent and similar to the attack in question.3 In Stroot v. Taco Bell Corp., the Missouri Court of Appeals for the Eastern District of Missouri upheld a summary judgment entered in favor of a business for an attack that occurred in the business's parking lot even though the victim alleged that prior violent incidents had occurred in the parking lot and filed supporting affidavits.4 Perhaps Stroot represents a shift away from the modem trend of premises liability law and a return to a take care of yourself' approach. Even more surprising is the court's apparent willingness to ignore the rescue doctrine in favor of protecting businesses from potential liability. I. FACTS AND HOLDING Timothy Stroot was waiting in line to place his order at Taco Bell when he heard that a woman was being attacked in the parking lot.5 After informing Taco Bell employees and asking them to call the police, Stroot went to the parking lot to confront the attacker.6 Stroot spoke briefly to the attacker before a third party, Ryan Parker, attacked and severely beat Stroot.7 No Taco Bell employees attempted to assist Stroot.8 Stroot brought a negligence action against Taco Bell in the City of St. Louis Circuit Court.9 He alleged that Taco Bell was negligent in that Taco Bell failed to: (1) provide adequate security and lighting in the parking lot area; (2) take 1. 972 S.W.2d 447 (Mo. Ct. App. 1998). 2. See Madden v. C & K Barbecue Carryout, Inc., 758 S.W.2d 59, 62 (Mo. 1988). 3. See Keesee v. Freeman, 772 S.W.2d 663, 669 (Mo. Ct. App. 1989). 4. Stroot, 972 S.W.2d at 448. 5. Id. 6. Id. 7. Id. Stroot suffered extensive injuries as a result of the beating and spent two weeks in a coma. 8. Id. 9. Id. at 447.