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Posted by Rita on November 21, 2000 at 16:44:58:

In Reply to: Re: Sue the criminal, if you can find the criminal. What's wrong with PREVENTION? posted by Dawn on November 21, 2000 at 11:48:31:

As a landlord, I have to disagree with Ken on this one. While the mugger obviously needs to be held responsible for his actions, responsibility belongs to a number of people - the criminal, the landlord and the tenant. The tenant's job was to take reasonable precautions and inform the landlord of any defect - it sounds like she did that. The landlord had an obligation to provide a reasonable level of security (probably defined by local statute). If s/he failed to provide that, s/he was negligent and liable. S/he was notified of the defect; a mugging was a reasonably forseeable outcome from a malfunctioning front door - in fact, both the landlord and tenant are lucky that it wasn't much worse.

The courts have already ruled numerous times on a landlord's responsibility in these matters. Whether your case rises to that level can only be determined through a thorough examination of the facts. I would figure out what damages you have and what remedies you seek, and send a demand letter to the landlord. If s/he fails to respond, take him/her to court.

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Comments:
: As a landlord, I have to disagree with Ken on this one.  While the mugger obviously needs to be held responsible for his actions, responsibility belongs to a number of people - the criminal, the landlord and the tenant.  The tenant's job was to take reasonable precautions and inform the landlord of any defect - it sounds like she did that.  The landlord had an obligation to provide a reasonable level of security (probably defined by local statute).  If s/he failed to provide that, s/he was negligent and liable.  S/he was notified of the defect; a mugging was a reasonably forseeable outcome from a malfunctioning front door - in fact, both the landlord and tenant are lucky that it wasn't much worse. 

: The courts have already ruled numerous times on a landlord's responsibility in these matters.  Whether your case rises to that level can only be determined through a thorough examination of the facts.  I would figure out what damages you have and what remedies you seek, and send a demand letter to the landlord.  If s/he fails to respond, take him/her to court.   


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