What is one argument a tenant might make to support his or her contention that a landlord has an obligation to provide tenants some security against criminal attack by third parties?

What will be an ideal response?


See Walls v. Oxford Management Co., Inc.?The decision to impose liability ultimately rests on "a judicial determination that the social importance of protecting the plaintiff's interest outweighs the importance of immunizing the defendant from extended liability. We hold that while landlords have no general duty to protect tenants from criminal attack, such a duty may arise when a landlord has created, or is responsible for, a known defective condition on a premise that foreseeably enhanced the risk of criminal attack. Moreover, a landlord who undertakes, either gratuitously or by contract, to provide security will thereafter have a duty to act with reasonable care. Where, however, a landlord has made no affirmative attempt to provide security, and is not responsible for a physical defect that enhances the risk of crime, we will not find such a duty. We reject liability based solely on the landlord-tenant relationship or on a doctrine of overriding foreseeability.?

Legal Studies & Paralegal

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Legal Studies & Paralegal

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Legal Studies & Paralegal