Tenant Shot Outside Building

September 30, 1994

LVT Number: 9130

Tenant's estate sued landlord for negligence after tenant was shot outside his building. Tenant's estate claimed that the dim lighting outside the building prevented the ambulance from finding tenant, so he wasn't taken to the hospital quickly enough. Tenant died some time after arriving at the hospital. Landlord asked the court to dismiss the case, arguing that the criminal behavior of another person had caused tenant's death---not the dim lighting. The court ruled for landlord. The lack of lighting didn't cause tenant's death---he'd have died even if the ambulance had found him sooner.

Tenant's estate sued landlord for negligence after tenant was shot outside his building. Tenant's estate claimed that the dim lighting outside the building prevented the ambulance from finding tenant, so he wasn't taken to the hospital quickly enough. Tenant died some time after arriving at the hospital. Landlord asked the court to dismiss the case, arguing that the criminal behavior of another person had caused tenant's death---not the dim lighting. The court ruled for landlord. The lack of lighting didn't cause tenant's death---he'd have died even if the ambulance had found him sooner. And landlord is only required to protect tenant's safety from reasonably predictable criminal acts. In this case, the killer said he shot into a crowd at random.

Hayward v. NYC Housing Authority: NYLJ, p. 34, col. 2 (9/22/94) (Sup. Ct. Queens; Price, J)

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