Ruiz v. Victory Properties, LLC

Summary

The court held that the landlord’s alleged failure to remove loose concrete and other debris from a common backyard presented triable issues concerning duty, foreseeability, and proximate cause. The unusual manner in which the injury occurred did not make the harm unforeseeable as a matter of law, and the landlord’s conduct could be a substantial factor in causing the injury even though another child directly caused it. The court therefore affirmed the Appellate Court’s reversal of summary judgment for the landlord.