Anderson And Murray Copeland-Kraft Case Study
FACTS
Anderson and Murray Copeland-Kraft are inquiring about a claim against Liberty “Libby” Behl for physical injuries and financial losses they suffered when they rented an apartment from Ms. Behl in Ocean City, New Jersey. On August 30, 2013, Anderson and Murray Copeland-Kraft, rented an apartment in Ocean City, NJ from host Liberty Behl for the Labor Day weekend. Behl lived in the apartment with her now ex-boyfriend Bob Cerny until August 2013, when she kicked him out. On August 31 2013, the Copeland-Kraft’s had a few drinks and went to have dinner and walk the boardwalk. Upon their return, they found Mr. Cerny in the apartment going through their things. Mr. Cerny took Anderson’s bag and pistol-punched Murray before running out the apartment. The Copeland-Kraft’s told the police that they had been drinking and may have left the door unlocked or window open. The Copeland-Kraft’s did not know of the identification of the intruder nor of Ms. Behl and Mr. Cerny’s relationship at the time of the crime. Only after Behl filed a complaint on Mr. Cerny the relationship revealed. Liberty Behl owes a duty to the Copeland-Kraft’s as she has breached that duty.
QUESTIONS PRESENTED
Under New Jersey law, does a landlord and business owner owe a duty to their tenant and patron for foreseeable criminal acts of third parties …show more content…
When determining if a criminal act is foreseeable, courts look to the totality of the circumstances to determine whether it would be fair to impose a duty. To make this determination, courts apply a “full duty analysis” which includes four factors: the relationship between the parties, the nature of risk, the opportunity and ability to exercise care, and public policy consideration. Once a court determines there is a duty, a fact finder decides whether the defendant has breached that
Anderson and Murray Copeland-Kraft are inquiring about a claim against Liberty “Libby” Behl for physical injuries and financial losses they suffered when they rented an apartment from Ms. Behl in Ocean City, New Jersey. On August 30, 2013, Anderson and Murray Copeland-Kraft, rented an apartment in Ocean City, NJ from host Liberty Behl for the Labor Day weekend. Behl lived in the apartment with her now ex-boyfriend Bob Cerny until August 2013, when she kicked him out. On August 31 2013, the Copeland-Kraft’s had a few drinks and went to have dinner and walk the boardwalk. Upon their return, they found Mr. Cerny in the apartment going through their things. Mr. Cerny took Anderson’s bag and pistol-punched Murray before running out the apartment. The Copeland-Kraft’s told the police that they had been drinking and may have left the door unlocked or window open. The Copeland-Kraft’s did not know of the identification of the intruder nor of Ms. Behl and Mr. Cerny’s relationship at the time of the crime. Only after Behl filed a complaint on Mr. Cerny the relationship revealed. Liberty Behl owes a duty to the Copeland-Kraft’s as she has breached that duty.
QUESTIONS PRESENTED
Under New Jersey law, does a landlord and business owner owe a duty to their tenant and patron for foreseeable criminal acts of third parties …show more content…
When determining if a criminal act is foreseeable, courts look to the totality of the circumstances to determine whether it would be fair to impose a duty. To make this determination, courts apply a “full duty analysis” which includes four factors: the relationship between the parties, the nature of risk, the opportunity and ability to exercise care, and public policy consideration. Once a court determines there is a duty, a fact finder decides whether the defendant has breached that