Tenant Stabbed in Courtyard Can Sue Landlord

Tenant who was stabbed in the courtyard of his apartment building sued landlord for negligence. Landlord asked the court to dismiss the case, arguing that the incident wasn’t foreseeable and it therefore wasn’t responsible. The court ruled against landlord. There had been substantial criminal conduct in the area before the stabbing. Foreseeability didn’t depend solely on whether there had been prior criminal activity in the same building, but on whether there had been similar incidents in the same area. Local police logs showed nearly 200 calls to police over the prior five years from tenant’s apartment complex. There had been a prior assault, two robberies, and many reports of disorderly conduct and disturbances. A trial was needed to determine the facts in this case.

Benson v. Monte Carlo LLC: NYLJ, 2/26/10, p. 49, col. 3 (Sup. Ct. Nassau; Feinman, J)