Tenant may sue landlord for failure to protect her from neighbor's assault

Law Reporter, Aug 2003

Madhani v. Cooper, 130 Cal. Rptr. 2d 778 (Ct. App. 2003).

Madhani was a tenant in an apartment building. She was repeatedly assaulted by another tenant on the premises, and she complained to the building managers, who did nothing. One night while Madhani was returning to her apartment, the other tenant attacked her again, throwing her down the stairs. Madhani sustained physical injuries.

Madhani filed suit against the owners of the apartment building, alleging negligence in failing to protect her from the attacks. The trial court granted defendants summary judgment.

Reversing, the appellate court noted that a landlord's liability for the criminal acts of third parties turns on fore seeability of harm. Because the tenant's attacks were repeated and plaintiff reported them, defendants knew or should have known of the danger that the tenant would cause harm. Thus, defendants owed plaintiff a duty of care that they breached by failing to take any action, such as installing a security camera, hiring a security guard, or evicting the violent tenant. Whether failure to do so was the cause of plaintiff's injuries is a question for the jury, the court said.

Accordingly, die court reversed.

Plaintiff's Counsel

Charles O. Agege, Los Angeles, Cal.

Comment. For another case alleging inadequate security, see Zelaya v. U.S. Euro Microventures, Inc., FIa., Miami-Dade Cir. Ct., No. 00-32681, Feb. 26, 2002. In this case, Zelaya was attacked in a bar by another patron, who smashed a beer bottle over his head. Zelaya suffered a skull fracture requiring surgical repair. He continues to suffer cognitive deficits as a result of the incident. Zelaya sued die premises owner, alleging negligence in having inadequate security staff. Defendant argued that the crime was not foreseeable and that plaintiff was partially at fault. A jury awarded approximately $4.55 million, including approximately $48,200 in medical expenses and $4.5 million for pain and suffering. Defendant's motions for new trial and remittitur were denied. Gary A. Friedman of Coral Gables, Fla., represented plaintiff.