March 2, 2012

Landlord's duty to protect tenants.

Practice point: Landlords have a common-law duty to take minimal precautions to protect tenants and their guests from the reasonably foreseeable criminal conduct of third parties.

Student note: If a tenant or guest is assaulted by an intruder, recovery against the landlord requires a showing that the landlord's conduct was a proximate cause of the injury.

Case: Brathwaite v. New York City Hous. Auth., NY Slip Op 01422 (2d Dept. 2012).

Here is the decision.

Monday's issue: An employer's vicarious liability.