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Tag: duty to protect

February 21, 2017

NY Court of Appeals: No control = no tort liability

Last Thursday, the New York Court of Appeals unanimously relieved a drug-treatment halfway house of liability for a former resident's subsequent assault on his mother's boyfriend. The case, Oddo v. Queens Village Committee for Mental Health for Jamaica Community Adolescent Program (JCAP), arose when Sean Velentzas violated JCAP's rules by drinking ...

January 27, 2017

Score one for “reasonable” application of tort liability

When Alan Petrie was assaulted and robbed in a Houston apartment complex visitors' parking lot at 2:00 a.m., he sued the apartment management companies for their failure to protect him. The trial court rejected his lawsuit on the grounds that the management companies owed no duty to protect him from the criminal acts of third ...

August 12, 2016

Is a halfway house liable for a former resident’s crimes?

Sean Velentzas resided at Queens Village Committee for Mental Health for Jamaica Community Adolescent Program as an alternative to incarceration. He violated the facility's rules by drinking alcohol and assaulting another resident. Queens Village told him that, as a consequence, he was being discharged from the program. When Velentzas became enrage ...

June 23, 2014

California businesses have no common law duty to provide AEDs

Today, in Verdugo v. Target, the California Supreme Court unanimously held that state tort law does not require businesses to purchase, maintain, and train employees to use Automatic External Defibrillators (AEDS) if a customer is stricken with a heart attack.  The case arose when Mary Ann Verdugo suffered sudden cardiac arrest while shopping at T ...

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