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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)

Citation
Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)
Parent Document
Sarah B. Kline v. 1500 Massachusetts Avenue Apartment Corporation, 439 F.2d 477 (1970)
Jurisdiction
DC (municipal)
Effective Date
1970-09-08

Other Sections in This Document (253)

Full Text

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12
But the rationale of this very broad general rule falters when it is applied to the conditions of modern day urban apartment living, particularly in the circumstances of this case. The rationale of the general rule exonerating a third party from any duty to protect another from a criminal attack has no applicability to the landlord-tenant relationship in multiple dwelling houses. The landlord is no insurer of his tenants' safety, but he certainly is no bystander. And where, as here, the landlord has notice of repeated criminal assaults and robberies, has notice that these crimes occurred in the portion of the premises exclusively within his control, has every reason to expect like crimes to happen again, and has the exclusive power to take preventive action, it does not seem unfair to place upon the landlord a duty to take those steps which are within his power to minimize the predictable risk to his tenants.