NCJ Number
94199
Journal
Trial Volume: 20 Issue: 3 Dated: (March 1984) Pages: 72-74,76
Date Published
1984
Length
4 pages
Annotation
The Kline case (District of Columbia, 1970) broke new ground when the court found the landlord of a woman victimized in an apartment building hallway liable in tort for the woman's injuries; States have interpreted the Kline decision in various ways.
Abstract
In addition to finding the landlord of the victimized woman liable in tort, the Kline court also found an implied contractual agreement. In interpreting the Kline decision, some State courts have denied recovery to plaintiffs based on the contract aspect of Kline while accepting recovery based on the case's tort principles. Some States, such as Illinois, have refused to recognize any landlord liability. Progress has been made to ensure justice for tenants in New Jersey, California, and Michigan, where recent cases have greatly expanded the idea of tort liability for landlords whose negligence has created an environment conducive to criminal attacks. The plaintiff's attorney should examine case facts for the following circumstances, any one of which may be useful in convincing a judge to impose a duty to protect or to convince a jury to find a breach of that duty: (1) incidence of crime in the neighborhood, (2) prior incidents of criminal behavior in the building, (3) identity of attacker (if known), (4) personnel employed by the landlord, (5) pattern of rule enforcement with other tenants, (6) physical maintenance of the building, (7) security personnel employed, (8) local police procedure, (9) lease or occupancy agreement, (10) statutory standards, and (11) warning to tenant. Three notes are provided.