Miller v. Whitworth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that, given the nature of apartment buildings and the relationship between landlord and tenant, the existence of prior unrelated crimes without some affirmative act or omission on the part of the landlord, does not make a particular crime foreseeable and thus no duty is imposed
• observing that generally no special relationship exists between landlord and tenant, which imposes a duty on the part of the landlord to protect the tenant from the criminal activity of a third party
• providing that while \foreseeability of risk is an important consideration when defining the scope of duty.... it would be absurd to expect landlords to protect tenants against all crime since it is foreseeable anywhere in the United States.\
• providing that while “foreseeability of risk is an important consideration when defining the scope of duty . . . it would be absurd to expect landlords to protect tenants against all crime since it is foreseeable anywhere in the United States.”
• “We are mindful that the determination of whether there is a duty is a question of law and not a question of fact for the jury.” (Citation omitted)
• \We are mindful that the determination of whether there is a duty is a question of law and not a question of fact for the jury.\ (Citation omitted)

Source: CourtListener parenthetical corpus (CC0).