Tenant Didn't Lock Window Gates

December 1, 1994

LVT Number: 9277

Tenant sued landlord for negligence after she was raped by an intruder who got into her ground-floor apartment through an unlocked window gate and open window. Landlord asked the court to dismiss the case, arguing that tenant's leaving the gate unlocked was the major cause of her injuries. Landlord claimed that it had told tenant that she'd have to buy locks for the window gates herself. The court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. Landlord wasn't negligent.

Tenant sued landlord for negligence after she was raped by an intruder who got into her ground-floor apartment through an unlocked window gate and open window. Landlord asked the court to dismiss the case, arguing that tenant's leaving the gate unlocked was the major cause of her injuries. Landlord claimed that it had told tenant that she'd have to buy locks for the window gates herself. The court ruled for landlord, and tenant appealed. The appeals court also ruled for landlord. Landlord wasn't negligent. By not locking the window gates, tenant herself had caused the events that led to her injuries.

Rouse v. NYC Housing Authority: NYLJ, p. 28, col. 2 (11/22/94) (App. Div. 2 Dept.; Sullivan, JP, Ritter, Pizzuto, Hart, JJ)

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