College Not Responsible for Student Deaths in Off-Campus Housing

Estate administrators of student-tenants sued landlord and Marist College for negligence after students were killed in a house fire. The college argued that it wasn't responsible for the students' deaths and asked the court to dismiss any claims against the college. The court ruled for the college.

The estates appealed and lost.  The college didn't owe a duty of care to the students. The college had listed landlord on its website as a source of available housing for students. But, even if the college could have refused to list landlords on its website unless each landlord's off-campus housing met all relevant fire safety laws and regulations, the college wasn't in the best position to protect against the risk of harm. The adult students, who chose to live off campus, and the private landlords were in the best position to ensure that off-campus houses and apartments had the required fire safety features. The college also didn't engage in any conduct that might have induced students to forgo some opportunity to avoid risk. The students in fact found the house because they knew some other students already renting there.

Fitzsimons v. Brennan: Index No. 2016-07838, 2019 NY Slip Op 01200 (App. Div. 2 Dept.; 2/20/19; Dillon, JP, Chambers, Nelson, Christopher, JJ)