Whittaker v. Saraceno

How courts have described this case

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

• holding that society should not place the burden of preventing a violent crime on a property owner without proof that the owner knew or should have known of danger and possible preventive steps, even though crime is always possible and to a certain extent foreseeable
• noting “concept of ‘foreseeability’ is used to define the limits of a duty of care as well as the limits of proximate cause”
• noting foreseeability issue not conclusively decided in landlord’s favor if no evidence of prior similar acts in evidence
• \A landlord ... is not a guarantor of the safety of persons in a building's common area\
• “The word ‘foreseeable’ has been used to define both the limits of a duty of care and the limits of proximate cause”
• incidents of malicious damage to and theft of vehicles and their contents did not mean physical attack on plaintiff was foreseeable

Source: CourtListener parenthetical corpus (CC0).