Infant Struck by Water Bottle Thrown from Window

August 31, 1994

LVT Number: 9048

Tenant sued landlord for negligence after a bottle thrown from a window in the building injured his baby. Tenant had been walking along a ramp on the grounds with his child when the injury occurred. The court dismissed the case, and tenant appealed. The appeals court upheld the lower court's decision. Landlord's only duty is to exercise reasonable care to maintain the property in a safe condition and to take minimal security measures to avoid foreseeable criminal acts. This injury couldn't have been anticipated.

Tenant sued landlord for negligence after a bottle thrown from a window in the building injured his baby. Tenant had been walking along a ramp on the grounds with his child when the injury occurred. The court dismissed the case, and tenant appealed. The appeals court upheld the lower court's decision. Landlord's only duty is to exercise reasonable care to maintain the property in a safe condition and to take minimal security measures to avoid foreseeable criminal acts. This injury couldn't have been anticipated.

Burgess v. City of New York: 613 NYS2d 657 (6/20/94) (App. Div. 2 Dept.; O'Brien, JP, Pizzuto, Joy, Krausman, JJ)

Topics

More like this