January 15, 2019

A landlord's duty to protect.

Practice point:  Landlords have a common-law duty to take minimal precautions to protect tenants and their guests from foreseeable harm, including a third party's foreseeable criminal conduct. A plaintiff's recovery requires a showing that the landlord's negligence was a proximate cause of the injury.

Student note: In premises security cases, the necessary causal link can be established only if the assailant was an intruder who gained access to the premises through a negligently maintained entrance.

Aminova v. New York City. Hous. Auth., NY Slip Op 00083 (2d Dep't January 9, 2018)

Here is the decision.