A decision from the California (state) 4th District Court of Appeals:
Court reinstates wrongful death lawsuit
Landlord found to have duty to repair broken front door
A wrongful death suit brought by a murder victim's family blaming their landlord for not repairing the front door of their apartment and allowing the killer easy access was reinstated by an appeals court yesterday.
In a 3-0 decision the 4th District Court of Appeal ruled the landlord had a responsibility to take the "minimal" steps to repair the front door of the San Ysidro apartment of Abigail Ramirez and her family.
While numerous cases over the years dealt with the legal duty of landlords in safely maintaining their properties, the decisions created an "amorphous" body of law, wrote Justice Alex McDonald.
In their decision the justices laid out a system for analyzing claims against landlords and balancing the burden of providing safe property against the likelihood that some damage or injury may occur....<snip for copyright compliance>
The article explains that this decision does not assess blame but rather says the plaintiffs had provided sufficient evidence for the case to be tried. I found it rather interesting and hope you do too.
For full copyrighted article please see the
San Diego Union-Tribune Web site at
http://www.signonsandiego.com/uniontrib/20040505/news_7m5door.html