Landlord Not Liable for Fall When Tenant Scaled Down Building

Facts: Tenant's boyfriend locked himself out of tenant's apartment, where he lived with tenant. The boyfriend asked landlord for the key. Landlord's management office refused because it couldn't verify that the boyfriend occupied the apartment. The boyfriend said he would then scale down the side of the building to gain access through the window. He bought a clothesline and attempted to do so. Landlord shouted What are you doing?" as the boyfriend climbed over the side of the building. The boyfriend fell six stories to the ground and was injured. The boyfriend sued landlord for negligence claiming that landlord caused the fall. Court: The boyfriend loses. Landlord has a duty to maintain the property in a safe condition and to prevent foreseeable injury. But the boyfriend's conduct was unreasonable and unforeseeable. Even if landlord wrongfully denied access or startled the boyfriend as he came down the side of the building landlord wasn't required to protect him from injury caused by his own disregard of common sense."

Parrish v. 100 Jackson Terrace Assocs.: NYLJ, p. 32, col. 6 (7/2/97) (Sup. Ct. Nassau; Phelan, J)