Foreseeable injuries fall under landlord liability

Hamida Madhani and her mother, Dishad Bana, have been apartment tenants of landlords Glenn and Sheryl Cooper for about seven years. Yvonne Moore moved into the apartment across the hall from the women.

Madhani and her mother were cleaning their apartment when the new tenant knocked on their door shortly after she moved in. Bana opened the door. Moore started yelling and using profanities. Madhani told Moore to leave, which she did.

Madhani reported the incident to the building managers, who said there had been other complaints about Moore. The managers said they would “take care of it.”

Within the next few days, Moore caused several incidents with Madhani, who called the police. A police officer advised Madhani to talk to the landlord, who could handle the problem more effectively.

At least six more times, Madhani talked to the building managers, who again promised to take care of the problem.

One evening at about 10, Madhani was returning to her apartment. As Madhani reached into her purse for her keys, Moore began yelling at her and followed her into her apartment. Moore then grabbed Madhani by the hair and pulled her out of the apartment.

“After she pulled me out, she started hitting me and she pulled me down, threw me down the stairs,” Madhani testified in court.

After suffering injuries to her neck, hip and lower back as well as facial bruises, Madhani sued the landlords for negligence in failing to protect her from the assault by Moore.

If you were the judge, would you rule that the landlords can be held liable for Madhani’s injuries?

The judge said yes.

“It is difficult to imagine a case in which the foreseeability of harm could be more clear,” the judge began. “Through their agents, the building managers, the landlords knew or should have known the tenant had engaged in repeated acts of assault and battery against another tenant and her mother.

“Moral blame may be attached to the landlords’ conduct because they had actual or constructive knowledge of their tenant’s abusive conduct or were recklessly indifferent to the danger it posed,” the judge concluded.

Based on the 2003 California Court of Appeal decision in Madhani vs. Cooper, 130 Cal.Rptr.2d 778.