51-3-51. Liability of owner or occupier as to invitees; required proof.

Except as provided in Code Section 51-3-54, an owner or occupier shall be liable for negligent security arising from any injury sustained by any person upon the premises of the owner or occupier as an invitee if the plaintiff proves that:

The wrongful conduct by a third person that caused the injury sustained by the invitee was reasonably foreseeable because the owner or occupier:#

1. (A)

   Had particularized warning of imminent wrongful conduct by a third person; or#

2. (B)

   Reasonably should have known that a third person was reasonably likely to engage in such wrongful conduct upon the premises, based on:#

   1. (i)

      Prior occurrences of substantially similar wrongful conduct upon the premises of which the owner or occupier had actual knowledge;#

   2. (ii)

      Prior occurrences of substantially similar wrongful conduct upon the property adjoining the premises, or otherwise occurring within 500 yards of the premises, of which the owner or occupier had actual knowledge; or#

   3. (iii)

      Prior occurrences of substantially similar wrongful conduct by the third person whose wrongful conduct caused the injury, if the owner or occupier knew or should have known, by clear and convincing evidence, that such third person was or would be upon the premises and if the owner or occupier had actual knowledge of such prior occurrences of substantially similar wrongful conduct;#

The injury sustained by the invitee was a reasonably foreseeable consequence of such wrongful conduct by a third person;#

Such wrongful conduct by a third person was a reasonably foreseeable consequence of such third person exploiting a specific physical condition of the premises known to the owner or occupier, which created a reasonably foreseeable risk of wrongful conduct on the premises that was substantially greater than the general risk of wrongful conduct in the vicinity of the premises;#

The owner or occupier failed to exercise ordinary care to remedy or mitigate such specific and known physical condition of the premises and to otherwise keep the premises safe from such wrongful conduct by a third person; and#

Such failure of the owner or occupier to exercise ordinary care was a proximate cause of the injury sustained by the invitee.#