Ruiz v. Victory Properties, LLC

Summary

This dissent would have reversed the Appellate Court and reinstated judgment for the landlord, concluding that the landlord had no duty to prevent a child from carrying a cinder block from a common-area backyard to a third-story balcony and dropping it on another tenant. It reasoned that the injury was too attenuated and unforeseeable, particularly because the landlord lacked notice of similar conduct, and that public policy weighed against expanding premises liability to these circumstances.