Landlord Partly Responsible for Attack in Building

April 1, 2003

LVT Number: 16442

Tenant sued landlord for negligence after being attacked in her building. The court ruled for tenant after a trial. Landlord appealed. Among other things, landlord claimed that the attacker should be responsible for damages to tenant. The appeals court ruled for landlord in part. Landlord clearly was liable. Tenant proved at trial that the front door lock was broken, that landlord had been notified of this condition and knew that a violent assault in the building was foreseeable.

Tenant sued landlord for negligence after being attacked in her building. The court ruled for tenant after a trial. Landlord appealed. Among other things, landlord claimed that the attacker should be responsible for damages to tenant. The appeals court ruled for landlord in part. Landlord clearly was liable. Tenant proved at trial that the front door lock was broken, that landlord had been notified of this condition and knew that a violent assault in the building was foreseeable. But a landlord whose negligence causes an act of violence can seek apportionment of liability with the attacker. The case was sent back for a new trial on this question only.

Cardena v. Alexander Wolfe & Co., Inc.: NYLJ, 3/31/03, p. 19, col. 1 (App. Div. 1 Dept.; Buckley, PJ, Mazzarelli, Andrias, Saxe, Friedman, JJ)

Topics

More like this