Mass violence and third-party criminal acts are increasing in prevalence, and Washington State's current prior incidents liability analysis does not fully address public policy concerns of safety. This Comment argues for an expansive standard of the definition of character of the business that incorporates a sociological understanding of the effects of an atmosphere of crime. It provides an overview of the various state analyses for determining liability for third-party criminal conduct and breaks down how states have incorporated the concept of character of the business as a factor in liability analysis, ultimately turning to a discussion of how the implementation of a broken windows interpretation of character of the business, along with some alternatives and additions geared exclusively to Washington, can be used to expand the current business owner liability for third-party criminal conduct in Washington and help to reduce third-party criminal conduct.
Madison Shepley, The Character of the Business: Looking Through "Broken Windows" for Liability in Mass Shootings & Other Third-Party Criminal Acts, 42 SEATTLE U. L. REV. 1531 (2019).