51-3-50. Definitions.

As used in this article, the term:

“Negligent security” means any claim against an owner or occupier, or against a security contractor, that:#

1. (A)

   Sounds in tort or nuisance, including, but not limited to, any claim under Article 1 of this chapter;#

2. (B)

   Seeks to recover damages for bodily injury or wrongful death; and#

3. (C)

   Arises from an alleged failure to keep the premises and approaches safe from the wrongful conduct of third persons.#

“Owner or occupier” means any person that owns, leases, occupies, operates, maintains, or manages real property of any kind or any director, officer, employee, or agent of such person.#

“Particularized warning of imminent wrongful conduct by a third person” means information actually known to an owner or occupier and deemed credible by the owner or occupier, which causes the owner or occupier to consciously understand that a third person is likely to imminently engage in wrongful conduct on the premises that poses a clear danger to the safety of persons upon the premises, such information being specific as to the identity of the third person, the nature and character of the wrongful conduct, the degree of dangerousness of the wrongful conduct, and the location, time, and circumstances of the wrongful conduct.#

“Premises” means the real property that is owned, leased, occupied, operated, maintained, or managed by an owner or occupier.#

“Prior occurrences of substantially similar wrongful conduct” means prior occurrences of wrongful conduct which are sufficiently similar in nature and character, degree of dangerousness, proximity, location, time, and circumstances to the wrongful conduct from which a claim of negligent security arises to lead a reasonable person in the position of the owner or occupier to apprehend that such wrongful conduct is reasonably likely to occur upon the premises, to understand the risk of injury to persons upon the premises presented by such wrongful conduct, and to understand that a specific and known physical condition of the premises has created a risk of such wrongful conduct on the premises that is substantially greater than the general risk of such wrongful conduct in the vicinity of the premises.#

“Security contractor” means any person that contracts with an owner or occupier to provide protective or security services upon any premises or any director, officer, employee, or agent of such person.#

“Third person” means any person other than an owner or occupier or a security contractor or a person under the direction, control, or supervision of an owner or occupier or security contractor.#

“Wrongful conduct” means:#

1. (A)

   Any violation of a law of this state or an ordinance of any political subdivision thereof that is punishable as a felony or misdemeanor, regardless of whether such violation results in an arrest, citation, accusation, indictment, or conviction; or#

2. (B)

   Any other conduct that amounts to an intentional, or willful and wanton, tort.#