Tenant Injured While Escaping Gunfire

June 30, 1993

LVT Number: 7091

Tenant sued landlord for negligence after being injured at his apartment building. He claimed that landlord didn't maintain locks on the front doors of the building. The trial court ruled for landlord, and tenant appealed. Tenant was alone in his seventh-floor apartment, when he heard gunfire outside the building and then in the building hallway. Tenant climbed out a back window and down the drainpipe. He then jumped to the ground and was injured. The appeals court dismissed the case. Landlord didn't have notice of prior criminal incidents or similar activities at the building.

Tenant sued landlord for negligence after being injured at his apartment building. He claimed that landlord didn't maintain locks on the front doors of the building. The trial court ruled for landlord, and tenant appealed. Tenant was alone in his seventh-floor apartment, when he heard gunfire outside the building and then in the building hallway. Tenant climbed out a back window and down the drainpipe. He then jumped to the ground and was injured. The appeals court dismissed the case. Landlord didn't have notice of prior criminal incidents or similar activities at the building. And it was tenant's leap from the drainpipe---not landlord's failure to keep the front door locked---that caused tenant's injuries.

Harris v. New York City Housing Authority: NYLJ, p. 28, col. 6 (6/24/93) (App. Div. 2 Dept.; Sullivan, JP, Miller, O'Brien, Ritter, JJ)

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