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Criteria for Holding Property Owner Liable for an Assault on the Owner’s Property Succinctly Described

In affirming the dismissal of the complaint against the property owner which alleged liability for an assault which occurred during a party on the property, the Second Department explained the criteria for such liability.  Here there was no showing that the assault was foreseeable or that the property owner had the opportunity to control the conduct of the assailant:

“A property owner, or one in possession or control of property, has a duty to take reasonable measures to control the foreseeable conduct of third parties on the property to prevent them from intentionally harming or creating an unreasonable risk of harm to others” … . “This duty arises when there is an ability and opportunity to control such conduct, and an awareness of the need to do so” … . Morris v Chase Bank, 2015 NY Slip Op 01249, 2nd Dept 2-11-15

 

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