S.C. Supreme Courts issues opinion on commercial landlord's duty to protect from criminal acts

Jackson v. Swordfish Investments dealt with a shooting at a nightclub. The property was owned by Swordfish and leased to the nightclub proprietor. After Jackson was shot at the club, she sued Swordfish and argued that Swordfish had a common law duty to protect her from the criminal acts of a third party. The Court rejected the argument and reasoned as follows:

Although Swordfish agreed to arrange for security in the common areas at the tenant's expense, there is no evidence in the record Swordfish ever agreed to provide security inside the club. Swordfish had neither possession nor control over the activities inside the club when Appellant was shot. Therefore, no duty arose, under the affirmative acts exception, on the part of Swordfish to protect its tenants or their patrons from the criminal acts of third parties occurring inside the club.