Tenant Shot with ‘BB' Gun

April 1, 1993

LVT Number: 6844

Tenant, a child, sued landlord for damages for personal injuries after another tenant, his teenage friend, shot him in the head with a BB gun inside the teenager's apartment. Tenant claimed that landlord knew that BB guns were being fired at the apartment complex before the incident and that landlord should've prevented the incident. Landlord asked the court to dismiss the case without trial. Landlord stated that it didn't know that the boys in the apartment were firing a BB gun and it had no complaints of a BB gun being fired at the building complex.

Tenant, a child, sued landlord for damages for personal injuries after another tenant, his teenage friend, shot him in the head with a BB gun inside the teenager's apartment. Tenant claimed that landlord knew that BB guns were being fired at the apartment complex before the incident and that landlord should've prevented the incident. Landlord asked the court to dismiss the case without trial. Landlord stated that it didn't know that the boys in the apartment were firing a BB gun and it had no complaints of a BB gun being fired at the building complex. The court refused to dismiss the case, and landlord appealed. The appeals court dismissed the case, finding that under the circumstances landlord had no duty to control tenants.

Johnson v. Slocum Realty Corp.: NYLJ, p. 29, col. 5 (3/25/93) (App. Div. 2 Dept.; Mangano, PJ, Sullivan, Balletta, O'Brien, JJ)

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