Landlord's duty to protect.

Practice point: While a landlord is not an insurer of tenant safety, a landowner has a duty to exercise reasonable care in maintaining his own property in a reasonably safe condition under the circumstances.

Student note: This duty includes an obligation to take minimal precautions to protect tenants from foreseeable harm, including foreseeable criminal conduct by a third person, but this duty only arises when there is an ability and opportunity to control such conduct, and an awareness of the need to do so.

Case: Banner v. New York City Housing Auth., NY Slip Op 03269 (1st Dept. 2012).

Here is the decision.

Monday’s issue: Labor Law.