HB 1326 - This act establishes the Business Premises Safety Act. Businesses are prohibited from restricting any person from lawfully possessing a firearm in a motor vehicle, except for vehicles owned or leased by the business. Businesses will not be liable for injuries or damages resulting from compliance with this provision. This act provides that, generally, businesses will have no duty to guard against the criminal acts of a third party. There are two exceptions where a reasonable duty of care to protect against the acts will be imposed. If the business knows or has reason to know that the acts are occurring or are about to occur on the premises and pose imminent probability of injury to a person, the business has a duty. If the same criminal acts have occurred on the premises within the prior 24 months and it is reasonably foreseeable that they will occur again, the business will have a duty.
In an action for damages against a business, persons injured by the conduct of a third party will have the burden to prove a breach by the business of a duty created under this act. For cases involving past criminal activities, remedial actions by the business will be inadmissible to show negligence or breach of a duty by the business.
This act does not apply to commercial residential operations.
MIKE HAMMANN