Landlord Not Responsible for Murder in Building

January 1, 2011

LVT Number: #23111

The family of a woman who was dragged into landlord's building, robbed, and killed sued landlord for negligence, claiming that the building was a public nuisance because it was abandoned and not locked. The family said that if the building was properly sealed, the attacker wouldn't have been able to break in and murder the woman. The court dismissed the case. The woman's death was caused by the attacker's criminal act, not by the landlord. Landlord owed a duty of care only to tenants or people who might reasonably be expected to be in the building.

The family of a woman who was dragged into landlord's building, robbed, and killed sued landlord for negligence, claiming that the building was a public nuisance because it was abandoned and not locked. The family said that if the building was properly sealed, the attacker wouldn't have been able to break in and murder the woman. The court dismissed the case. The woman's death was caused by the attacker's criminal act, not by the landlord. Landlord owed a duty of care only to tenants or people who might reasonably be expected to be in the building. Since the attacker had no permission to be in landlord's building, landlord had no control over him or what happened.

Garcia v. 398 Crescent St. Property Inc.: Index No. 38251/07, NYLJ No. 1202476512219 (Sup. Ct. Kings; 12/15/10; Miller, J)

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