The appellants brought an action under the Occupier's Liability Act against the owners of a strip mall and a nightclub after a random shooting outside the club resulted in two deaths and one injury.
The trial judge dismissed the action, finding no liability.
On appeal, the Court of Appeal held that while the respondents owed a duty of care to patrons in the parking lot, the trial judge did not err in finding that the standard of care did not require hiring security guards to patrol outside at closing time.
Furthermore, the Court found that causation was not established, as the shooting was unprovoked and indiscriminate, and the presence of security guards would not have prevented it.
The appeal was dismissed.
