Practice point: A possessor of real property has a duty to maintain reasonable security measures to protect those lawfully on the premises from the foreseeable criminal acts of third parties.
Practitioners should note that foreseeability requires that the criminal conduct must be reasonably predictable based on prior occurrences of a similar kind at a sufficiently proximate location.
Case: Bryan v. Crobar, NY Slip Op 06394 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Remedies.
