Liability in Negligence for an Assault by a Third Party–CLE Course Part 2

NOTE THAT THE ACCREDITATION OF THIS COURSE EXPIRES ON AUGUST 19, 2020

THE COURSE WILL NO LONGER BE AVAILABLE AFTER AUGUST 19, 2020

LIABILITY IN NEGLIGENCE FOR AN ASSAULT BY A THIRD PARTY—PART 2 of 3

Course #TRTo740 (Transitional and Nontransitional) Prerecorded Audio (On Demand/Recorded-Audio)

Hybrid Accreditation for the Period August 20, 2018, through August 19, 2020

This Course Is Appropriate for Newly Admitted and/or Experienced Attorneys

Areas of Professional Practice: 3.5 CLE Credit Hours

Note: Before Relying On Any Decision Summarized on this Site, Including the Summaries in the CLE Written Materials, Make Sure It Remains Good Law Using the Method You Trust for that Purpose. See the Discussion Under “Shepardize” in the “How to Use the New York Appellate Digest” Section on the Home Page.

The course, in three parts, organizes selected decisions released between January 2013 and September 2017 which address liability in negligence for an assault on the plaintiff by a third party. For example, the liability of a landlord for an attack on a tenant in an apartment house or office building, the liability of a bar for an attack by or on a patron, the liability of employers, including municipalities, for an attack on or by an employee, the liability of a county for an inmate on inmate assault, the liability of a residential facility for an assault on or by a resident, the liability of a school district for an attack on or by a student, and the liability of a homeowner for an attack on or by a guest.

The course includes decisions issued through September 2017. (The NYS CLE Board’s approval process takes time, and creating this new website as a platform for the CLE podcast took time, hence the September, 2017 cut-off.) You can easily call up all the decision-summaries on this topic which have been posted on this site since September, 2017, by using the search function (panel on the right). Choose the category “Negligence” from the drop-down menu, choose “October 1, 2017” as the start date for the search (and today as the end date), type “third party assault” (in quotes) in the “Search by Keywords” line, and click on “Search.” That will bring up “post-September-2017” decision-summaries in this area of the law.

How to Get Credit for this Course

As you listen to the course, you will hear four verification codes. After finishing all three parts of the course, print and fill out the attached “Attorney Affirmation,” including the four verification codes, your name, your signature, and the date you completed the course. Please also fill out the attached “Evaluation Survey.” Scan the “Attorney Affirmation” and the “Evaluation Survey” and email them as attachments to me, Bruce Freeman, at NewYorkAppellateDigest@gmail.com. I will then email to you the completed “New York CLE Certificate of Attendance,” as an attachment, awarding you credit for the 3.5-hour course. Or, if you wish to send and receive hard copies by regular mail, send the “Attorney Affirmation” and “Evaluation Survey” to New York Appellate Digest, LLC, 126 Colonial Village Road, Rochester, New York 14625 and make sure to include your return address.

Click on the links below for the written materials (“Liability in Negligence for an Assault on a Third Party”—169 pages), the “Attorney Affirmation” (the “verification code” form) and the “Evaluation Survey.”

Written Materials–Liability in Negligence for an Assault by a Third Party

Attorney Affirmation

Evaluation Survey

Topics Covered in Part 2 (page references are to the written materials)   51 minutes

[Links to the Other Two Parts of this Course: Part 1; Part 3]

LIABILITY IN NEGLIGENCE FOR ASSAULT BY A THIRD PARTY

IV. LIABILITY OF MEDICAL FACILITIES, DRUG TREATMENT FACILITIES, RESIDENTIAL CARE FACILITIES AND DOCTORS FOR ASSAULTS BY PATIENTS OR RESIDENTS.. 65

LAWSUIT AGAINST A REGIONAL MEDICAL CENTER STEMMING FROM AN ASSAULT ON THE PLAINTIFF BY ANOTHER PATIENT.. 65

PLAINTIFF WAS ASSAULTED BY A MAN WHO WAS DISCHARGED FROM A MENTAL HEALTH FACILITY AFTER VIOLATING THE FACILITY’S RULES BY DRINKING AND GETTING INTO A PHYSICAL CONFRONTATION WITH ANOTHER RESIDENT.. 67

THE PLAINTIFFS WERE ASSAULTED BY A MAN WHO HAD BEEN DISCHARGED FOUR DAYS EARLIER FROM DEFENDANT HOSPITAL AFTER A 24-HOUR PSYCHIATRIC OBSERVATION PURSUANT THE MENTAL HYGIENE LAW… 69

PLAINTIFF’S DECEDENT SUED A DOCTOR WHO WAS ALLEGED TO HAVE CONTRIBUTED TO THE ASSAILANT’S DRUG ADDICTION BY OPERATING A PILL MILL. 71

PLAINTIFF WAS A RESIDENT OF AN ADULT CARE FACILITY–HE WAS STABBED BY ANOTHER RESIDENT.. 72

PLAINTIFF WAS A RESIDENT OF THE MEMORY UNIT OF AN ASSISTED LIVING FACILITY–PLAINTIFF WAS ASSAULTED BY ANOTHER RESIDENT.. 74

CHECKLIST OF ISSUES RAISED IN THE “LIABILITY OF MEDICAL FACILITIES, DRUG TREATMENT FACILITIES, RESIDENTIAL CARE FACILITIES AND DOCTORS FOR ASSAULTS BY PATIENTS OR RESIDENTS” CATEGORY.. 76

V. ASSAULTS ON AND BY RESIDENTS OF HOMELESS SHELTERS.. 79

PLAINTIFF, A RESIDENT OF A CITY-RUN HOMELESS SHELTER, WAS ATTACKED BY TWO OTHER RESIDENTS.. 79

PLAINTIFF’S DECEDENT WAS ATTACKED AND KILLED BY ANOTHER RESIDENT OF A PRIVATE FACILITY FOR DISABLED HOMELESS PERSONS.. 81

CHECKLIST OF ISSUES RAISED IN THE “LIABILITY FOR RESIDENT UPON RESIDENT ASSUALT IN HOMELESS SHELTERS” CATEGORY.. 82

VI. ASSAULTS ON AND BY INMATES.. 83

AN INMATE IN A COUNTY JAIL SUED THE COUNTY AND THE SHERIFF AFTER HE WAS TWICE SEXUALLY ASSAULTED BY ANOTHER INMATE, ALLEGING BREACH OF THE DUTY TO PROTECT HIM.. 83

PLAINTIFF ALLEGED HE WAS ASSAULTED BY AN INMATE WHO WAS KNOWN TO BE VIOLENT.. 86

CHECKLIST OF ISSUES RAISED IN THE “INMATE ON INMATE ASSAULTS” CATEGORY.. 87

VII. LIABILITY FOR ASSAULTS AT PUBLIC GATHERINGS (FAIRS, MOVIE THEATERS, SPECTATOR SPORTS) 88

PLAINTIFF WAS ASSAULTED BY TWO TEENAGE BOYS AT A CHURCH FAIR AND SUED THE CHURCH AS THE PROPERTY OWNER.. 88

PLAINTIFFS WERE ASSAULTED IN DEFENDANT’S MOVIE THEATER.. 90

PLAINTIFF WAS PUNCHED WHEN HE TRIED TO BREAK UP A FIGHT AMONG PARENTS AFTER A YOUTH HOCKEY GAME.. 91

PLAINTIFF WAS EMPLOYED BY A MOVIE THEATER WHICH HAD CONTRACTED WITH A SECURITY COMPANY.. 94

CHECKLIST OF ISSUES IN THE “LIABILITY FOR ASSAULTS AT PUBLIC GATHERINGS (FAIRS, MOVIE THEATERS, SPECTATOR SPORTS)” CATEGORY.. 96

VIII. HOSTS’ AND LANDOWNERS’ LIABILITY FOR ASSAULTS BY GUESTS AT PARTIES.. 98

THE PLAINTIFF PARTY-GOER WAS ASSAULTED BY ANOTHER PARTY-GOER.. 98

PLAINTIFF WAS ASSAULTED BY THREE APPARENTLY INTOXICATED PERSONS AS HE WAS LEAVING A PARTY AT PLAINTIFF’S HOME.. 100

PLAINTIFF WAS ASSAULTED AT A PARTY.. 102

PLAINTIFF WAS ASSAULTED BY AN INTOXICATED GUEST AT A PARTY HELD BY THE 18-YEAR-OLD DAUGHTER OF THE PROPERTY OWNERS.. 104

PLAINTIFF WAS STABBED BY AN INTOXICATED ASSAILANT IN AN AREA OUTSIDE A FRATERNITY HOUSE.. 105

CHECKLIST OF ISSUES RAISED IN THE “HOSTS’ AND LANDOWNERS’ LIABILITY FOR ASSAULTS BY GUESTS AT PARTIES” CATEGORY.. 107