Griffin v West RS Inc, et al :: 143 Wn2d 81
Category: Landlord Tenant Relations
Tenant Griffin lived alone in a large complex. One day she heard a loud noise while she was in the shower. When she found debris on the floor under the attic crawl access she contacted the manager. Two maintenance personnel conducted an inspection, told the tenant they found nothing suspicious and placed a two-by-four across the access.
Two weeks later, her neighbor came through the access and attacked her as she left the shower. She was hit with a pan and he broke her wrist as she fled naked. The attacker pursued but was subdued by neighbors and held for the police. Griffin sued her landlord for violating its alleged duty to protect her from harm. [At 84].
The Court upheld the jury decision that the landlord had been negligent but was not the proximate cause of the attack. They awarded no damages against the landlord. The majority agreed with the landlord’s contention that they do not have an absolute duty to protect their tenants against every foreseeable criminal act.
Talmadge disagreed and argued that landlords have a responsibility “to protect their tenants from foreseeable criminal conduct arising out of the use of spaces under the control of the landlord.” [At 96]. I would like to argue with Talmadge: How far does the landlord go to uphold that duty? The criminal already demonstrated his intent to reach the victim by breaking through the sheetrock barrier in the attic. He could do the same with the party wall between the two units. What about common areas? Should all trees and bushes be removed and guards posted around the site to stave off would be attackers? Does the landlord owe the tenant a greater protection than the tenant would have if he owned his own home? For trial lawyers that answer can never be reached.
Rating the Usual Suspects:
| pass | Alexander, Gerry | |
| pass | Bridge, Bobbe | |
| pass | Buri, Philip | |
| pass | Guy, Richard | |
| pass | Madsen, Barbara | |
| pass | Sanders, Richard | |
| pass | Smith, Charles | |
| pass | Wesley, Joseph R | |
| fail | Cox, Ronald | |
| fail | Ireland, Faith | |
| fail | Johnson, Charles | |
| fail | Northcraft, Mark | |
| fail | Talmadge, Phil | |
| fail | Woods, Dennis |