Friday, September 26, 2014

Property possessor's liability for a third-person's criminal acts.

Practice point:  A possessor of real property is under a duty to maintain reasonable security measures to protect those lawfully on the premises from reasonably foreseeable criminal acts of third parties. Here, the defendants failed to meet their prima facie burden of establishing entitlement to judgment as a matter of law by demonstrating that they took reasonable security measures against foreseeable criminal acts of third parties.

Student note:  A defendant cannot satisfy its initial burden merely by pointing to gaps in the plaintiff's case.

Case:  Deinzer v. Middle Country Pub. Lib, NY Slip Op 06169 (2d Dept. 2014)

Here is the decision.

Monday's issue: Summary judgment as to liability in an action involving a pedestrian struck by an automobile.