Tenant Shot Outside Building

LVT Number: 8738

Tenant sued landlord for damages, claiming negligence. She was shot as she left her building and was heading toward the building's parking lot. Tenant didn't see who fired the gun and wasn't sure where the shots came from. No one was ever caught. The court ruled against tenant without a trial, and tenant appealed. The appeals court again ruled against tenant. The crime wasn't foreseeable. And even if landlord didn't provide security outside the building itself, this was a criminal act in an open-air, public area over which landlord had no real control.

Tenant sued landlord for damages, claiming negligence. She was shot as she left her building and was heading toward the building's parking lot. Tenant didn't see who fired the gun and wasn't sure where the shots came from. No one was ever caught. The court ruled against tenant without a trial, and tenant appealed. The appeals court again ruled against tenant. The crime wasn't foreseeable. And even if landlord didn't provide security outside the building itself, this was a criminal act in an open-air, public area over which landlord had no real control.

Allen v. New York City Housing Authority: NYLJ, p. 31, col. 4 (4/18/94) (App. Div. 2 Dept.; Bracken, JP, Miller, Copertino, Santucci, Altman, JJ)