Practice point: A property owner has a duty to take reasonable measures to control the foreseeable conduct of third parties on the property, and to prevent them from harming or creating an unreasonable risk of harm to others.
Practitioners should note that this duty arises when the owner has the ability and opportunity to control such conduct, and is aware of the need to do so.
Case: Hillen v. Queens Long Is. Med. Group, P.C., NY Slip Op 10586 (2d Dept. 2008)
The opinion is here.
Monday’s issue: Pleadings.
