Chavez v. Torres

OPINION

BOSSON, Judge.

{1} This case involves a homeowner’s duty to control foreseeable criminal activity by a third party on her land that causes personal injury ■ to a visitor of that third party. We examine that duty as it is alleged to arise under the common-law doctrine of negligent entrustment and as it occurs under the Restatement (Second) of Torts § 318 (1965). We hold that negligent entrustment does not apply as a matter of law. We assume that the duty of care described in Section 318 of the Restatement applies in New Mexico, but we conclude the injured visitor did not set forth…