Friday, October 10, 2014

Kline v. Mass. Ave. case brief summary


Kline v. Mass. Ave. case brief summary

F: P, a lessee of D, seriously injured when criminally assaulted/robbed in common hallway of bldg. No doorman present, although there had been in the past & other tenants recently assaulted in the common areas.
TC ruled that there is no duty on the part of landlord to protect his tenant from criminal acts.


I: Whether Landlord has a duty to take reasonable precautions to protect his tenants from assaults by third parties when landlord is in a position of controlling the areas of common use and common danger and has the power to make the necessary repairs or to provide the necessary protection. 


R: Landlord has a duty to take reasonable precautions to protect his tenants from assaults by third parties when landlord is in a position of controlling the areas of common use and common danger and has the power to make the necessary repairs or to provide the necessary protection.

A:
General Rule: No duty to guard against 3d party criminal conduct

However, this Rule not applicable here b/c i) LL-tenant relationship (i.e. special relationship) ii) Incident occurred in common area. LL had authority and control to take precautions in these areas. iii) LL had notice of risk

C: reversed

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