Landlord's Employee Shot on Building Path

January 1, 1995

LVT Number: 9356

Landlord's employee sued landlord for negligence after he was shot by muggers on a building pathway. Landlord asked the court to dismiss the case, arguing that it wasn't responsible for the criminal acts of others. The court refused to dismiss the case, finding that prior criminal incidents in the area may have made this crime foreseeable. Landlord appealed, and the appeals court dismissed the case. This was a random act of violence, and landlord is only required to keep the property in a reasonably safe condition.

Landlord's employee sued landlord for negligence after he was shot by muggers on a building pathway. Landlord asked the court to dismiss the case, arguing that it wasn't responsible for the criminal acts of others. The court refused to dismiss the case, finding that prior criminal incidents in the area may have made this crime foreseeable. Landlord appealed, and the appeals court dismissed the case. This was a random act of violence, and landlord is only required to keep the property in a reasonably safe condition. Also, there wasn't enough evidence of recurring criminal activity to show that landlord should have increased its security measures.

Leyva v. Riverbay Corp.: NYLJ, p. 25, col. 3 (12/5/94) (App. Div. 1 Dept.; Murphy, JP, Sullivan, Rosenberger, Tom, JJ)

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