A possessor of real property is under a duty to maintain reasonable security measures to protect those lawfully on the premises from reasonably foreseeable criminal acts of third parties. In order to establish foreseeability, there is no requirement that the past experience of criminal activity be of the same type as that to which the plaintiff was subjected. However, the criminal conduct at issue must be shown to be reasonably predictable based on the prior occurrence of the same or similar criminal activity at a location sufficiently proximate to the location of the incident. Without evidentiary proof of notice of prior criminal activity, the owner's duty reasonably to protect those using the premises from such activity never arises.
Lazarus v. Wildlife Preserves, Inc., NY Slip Op 03685 (2d Dep't July 3, 2024)
