Security Guard Assaulted

January 1, 1999

LVT Number: 12891

Facts: Security guard sued landlord for negligence after he was assaulted and shot in the building lobby. The security guard didn't know whether his attacker was a tenant or an intruder. For that reason landlord claimed the case should be dismissed without a trial. The court ruled against landlord, and landlord appealed. Court: Landlord loses. Landlord knew that there had been frequent security problems in the building complex. There had been recommendations for armed security. The complaining security guard hadn't been armed.

Facts: Security guard sued landlord for negligence after he was assaulted and shot in the building lobby. The security guard didn't know whether his attacker was a tenant or an intruder. For that reason landlord claimed the case should be dismissed without a trial. The court ruled against landlord, and landlord appealed. Court: Landlord loses. Landlord knew that there had been frequent security problems in the building complex. There had been recommendations for armed security. The complaining security guard hadn't been armed. A trial was needed to see if landlord had provided adequate security under the circumstances.

Garrett v. Twin Parks Northeast Site 2: NYLJ, p. 21, col. 1 (12/31/98) (App. Div. 1 Dept.; Lerner, PJ, Wallach, Rubin, Saxe, JJ)

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