Was Landlord Responsible for Attack on Building Visitor?

October 15, 2015

LVT Number: #26537

An apartment building visitor sued landlord for two apartment buildings, claiming negligent building security and gross negligence. The court granted landlord’s request to dismiss the case without a trial. The visitor had by now died, and her estate appealed. The case was reopened. There were questions of fact as to whether landlord breached its duty to take minimal security precautions to protect the visitor from criminal acts by intruders and whether this caused the attack. So the estate could go forward with a claim based on negligent security at the buildings.

An apartment building visitor sued landlord for two apartment buildings, claiming negligent building security and gross negligence. The court granted landlord’s request to dismiss the case without a trial. The visitor had by now died, and her estate appealed. The case was reopened. There were questions of fact as to whether landlord breached its duty to take minimal security precautions to protect the visitor from criminal acts by intruders and whether this caused the attack. So the estate could go forward with a claim based on negligent security at the buildings. Questions included whether the building’s front door lock was broken. There also had been other assaults in and around the building. However, there was no indication of reckless disregard or intentional wrongdoing. So the gross negligence claim remained dismissed. 

 

 

 

Gonzalez v. 231 Ocean Associates: 2015 NY Slip Op 06868, 2015 WL 5552831 (App. Div. 1 Dept.; 9/22/15; Mazzarelli, JP, Sweeny, Saxe, Richter, Manzanet-Daniels, JJ)

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