Apartment buildings in New York City. (Photo: Victor J. Blue/Bloomberg) Residential Landowner's Liability for Third-Party Criminal Acts
A landowner who fails to take minimal precautions to protect lawful guests and residents of its premise will be liable for injuries sustained as a result of the criminal conduct.
August 24, 2021 at 11:00 AM
8 minute read
Landowners have a common-law duty to protect those who are lawfully on their premises from foreseeable criminal acts committed by third parties. Scurry v. New York City Hous. Auth., 193 A.D.3d 1, 5 (2d Dep't 2021). This extends to tenants and their guests. Brathwaite v. New York City Hous. Auth., 92 A.D.3d 821, 823 (2d Dep't 2012). Landowners only have to take minimal security measures from these reasonably foreseeable criminal acts. Maheshwari v. City of New York, 810 N.E.2d 894, 897 (2004). The landowner's duty to protect from criminal acts does not make them insurers of the safety of those on their premises. Venetal v. City of New York, 21 A.D.3d 1087, 1088 (2d Dep't 2005).
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