Is a landlord's failure to repair a defective electronic door lock a proximate cause of the robbery committed upon the tenant?
"New York", United States of America
The following excerpt is from Jacobs v. Helmsley-Spear, Inc., 121 Misc.2d 910, 469 N.Y.S.2d 555 (N.Y. City Ct. 1983):
Accordingly, the landlord's failure to repair the defective electronic door lock was a proximate cause of the robbery committed upon the tenant. The fact that the immediate cause of the tenant's loss was the act of a third party, i.e., a criminal, does not prevent the landlord's negligence from being regarded in contemplation of law as the proximate cause. Sherman v. Concourse Realty Corporation, supra. The Restatement of Torts 2d 449 provides that:
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