Foreseeability is just part of the equation, what is also telling is whether the defendant did anything with the information available.

For decades, defendants have insisted that negligent security cases turn on a claim that the crime in issue was not foreseeable.

However, foreseeability is often established with vigorous discovery showing prior criminal reports or activity in and around the location of the incident or with the type of establishment involved.

But foreseeability is just part of the equation, what is also telling is whether the defendant did anything with the information available.

Across the country, transit systems, municipalities, and private operators are sitting on years of available incident reports, internal safety analyses, and publicly available data identifying patterns of violence. These are not hypothetical risks. They are documented, repeated, and, in many cases, escalating.

And yet, in too many instances, the response has been delay, deflection, half-measures or none at all.

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