Cause of action in negligence against the owner for injury to a tenant of an apartment complex resulting from third party criminal activity.
Date Submitted: 01/20/2002 05:39:32
Category: / Law & Government / Government & Politics
Length: 8 pages (2221 words)
Category: / Law & Government / Government & Politics
Length: 8 pages (2221 words)
Re: Fitzhugh v. Fairview Gardens Partners - Cause of action in negligence against the owner for injury to a tenant of an apartment complex resulting from third party criminal activity.
Question Presented
Under Oklahoma state law, does a tenant of an apartment complex in a high crime area have a cause of action in negligence against the owner of the complex for injuries suffered from third party criminal activity when, the owner fails to repair
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activity, was exclusively responsible for repairing the lights in the area at which the shooting occurred; his actions can not be said to have been the proximate cause of Tiffany’s injuries nor did the condition of the premises unreasonably enhance the likelihood of the criminal activity. Fairview Gardens Partners should not be liable for their actions because they do not satisfy the requirement of proximate cause that is necessary in establishing a negligence claim.
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