Gupton v. Quicke

In Virginia, we adhere to the rule that the owner or occupier of land ordinarily is under no duty to protect an invitee from a third person’s criminal act committed while the invitee is upon the premises. Wright v. Webb, 234 Va. 527, 530, 362 S.E.2d 919, 920 (1987); Klingbeil Management Group Co. v. Vito, 233 Va. 445, 447, 357 S.E.2d 200, 201 (1987); Gulf Reston, Inc. v. Rogers, 215 Va. 155, 157, 207 S.E.2d 841, 844 (1974).

In Wright, we fashioned a narrow exception to the general rule. There, in a case where an invitee was assaulted in a dinner theatre parking lot at night, we held that an…