GLORIA SALERNO, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ALICE T. DZIKOWSKI DECEASED, ET AL., APPELLANTS,
v.
HART FINANCE CORP., A FLORIDA CORPORATION D/B/A WESTERN HILLS ESTATES, APPELLEE
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In this wrongful death and personal injury case, the appellate court reversed a directed verdict entered against the plaintiffs, finding that foreseeability and causation of a murderous assault in a mobile home park were jury questions rather than matters for judicial determination. The court held that adequate evidence of prior criminal activity in the park existed to support a negligent security claim against the park owner.
The court held that while a landlord's duty to protect tenants from criminal conduct requires proof of prior similar criminal activity, the jury questions of foreseeability and causation regarding the adequacy of security measures in light of the park's physical layout and knowledge of past crimes should not have been decided by directed verdict. The directed verdict was properly granted regarding the failure to evict Holsworth, but a new trial should have been granted on the remaining liability theories.
[1] A landlord has a duty to protect a tenant from reasonably foreseeable criminal conduct.
[2] To impose a duty on a landlord to protect a tenant from criminal conduct, the tenant must prove the landlord had knowledge of prior similar criminal conduct occurring on…
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Join FLexlaw to unlock all legal intelligence“the rule in Florida is well established that a landlord has a duty to protect a tenant from reasonably foreseeable criminal conduct. However, in order to impose that duty an injured tenant must prove that the landlord has knowledge of prior similar criminal conduct occurring on the premises”
Establishes the foundational duty and its knowledge requirement
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Join FLexlaw to unlock all legal intelligenceGloria Salerno and her daughter Alice resided in a mobile home lot at Western Hills Estates, a 405-lot mobile home park owned by appellee Hart Finance…
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DOWNEY, Judge.
Gloria Salerno, individually, and as personal representative of her deceased daughter, Alice, and Alice’s estranged husband brought this action for the wrongful death of Alice and for injuries suffered individually by Gloria against appellee as owner of a mobile home park. From a judgment entered upon a directed verdict for appellee this appeal was perfected.
Appellee owns and operates a mobile home park known as Western Hills Estates located within the City of Davie in Broward County. The park contains 405 mobile home lots and several recreational areas. All of the streets in the development are publicly dedicated streets within the city and the park is accessible by two public roads. Appellee does not own any property abutting the park and there are no fences, walls or other linés of demarcation between the park and its abutting neighbors. The streets in the park are patrolled by the Davie police as are other streets in the city.
Appellee employs a security guard who is on duty weekday evenings from 6:00 p.m. until 11:00 p.m. and on weekends from 6:00 p.m. until 12:00 a.m. The evidence was conflicting as to whether the guard was uniformed and it appears that he did not use a marked police vehicle, nor was he trained as a security guard. It also appeared that the residents of the park had requested appellee to increase the degree of security protection furnished for the park.
Gloria leased a lot in the park owned by appellee, wherein she resided in a mobile home with her daughter, Alice. Eric Hols-worth, who resided in the park with his mother, entered the Salerno mobile home during the night and murdered Alice and injured Gloria. As a result, this suit was commenced to recover for Alice’s wrongful death and for injuries sustained by Gloria as a result of the assault upon her. Appellants contend that appellee was negligent in the operation of the mobile home park in that there was inadequate security provided to protect the residents from foreseeable criminal activity and that the management allowed prohibited persons to reside in the park. The trial court reserved ruling on appellee’s motions for directed verdict at trial and submitted the case to a jury, which finally announced it could not reach a verdict. Thereafter, the court granted a directed verdict against appellants on all theories of liability and entered judgment for appellee.
The rule in Florida is well established that a landlord has a duty to protect a tenant from reasonably foreseeable criminal conduct. However, in order to impose that duty an injured tenant must prove that the landlord has knowledge of prior similar criminal conduct occurring on the premises. Highlands Insurance Company v. Gilday, 398 So. 2d 834 (Fla. 4th DCA 1981); Relyea v. State, 385 So. 2d 1378 (Fla. 4th DCA 1980). While there was no evidence of prior murders in Western Hill Estates, there was evidence of a number of breakings and enterings in the park over a period of three years, several robberies, reported rapes and other lesser crimes involving trespasses, prowlers and suspicious persons. An expert witness for the appellant opined, based upon his study of depositions, police reports and minutes of homeowners meetings, that there existed a substantial crime rate in the area; that the security patrol in the park was of little or no value and that a security guard should be uniformed and furnished with a visible security vehicle. In sum, the witness testified that the crime involved in the present case was not only foreseeable but was preventable.
Predictably, appellee contradicted much of appellants’ evidence regarding the security guard’s activities and the occurrence of prior similar criminal activity. Nonetheless, foreseeability and causation are classically jury questions. Orlando Executive Park, Inc. v. Robbins, 433 So. 2d 491 (Fla.1983); Fernandez v. Miami Jai-Alai, Inc., 454 So. 2d 1060 (Fla. 3d DCA 1984); Palumbo v. Lil General Stores Corp., 453 So. 2d 1170 (Fla. 4th DCA 1984); Winn-Dixie Stores, Inc. v. Johstoneaux, 395 So. 2d 599 (Fla. 3d DCA 1981).
We recognize that the physical layout of this particular mobile home park presents a more difficult security situation than a motel, hotel, or tightly secured condominium complex. However, whether appellee measured up to the duty required of it to provide adequate security considering the physical layout of the park and its knowledge of past similar criminal activity in the immediate area is peculiarly a question for the trier of fact rather than the court. Therefore, while we have no quarrel with the directed verdict vis-a-vis the failure to evict Eric Holsworth from his mother’s mobile home because the evidence of appellee’s knowledge of his presence was insufficient, we believe a mistrial should have been declared and a new trial granted as to the remainder of the case.
REVERSED AND REMANDED.
DELL, J., concurs.
ANSTEAD, J., dissents with opinion.
ANSTEAD, J.,
dissenting.
I dissent because I do not believe the majority has established a legal predicate under Florida law for the existence of a duty by a mobile home park owner to “provide adequate security” to all of the homes within the park.
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Czerwinski v. Sunrise Point Condo., 540 So. 2d 199 (Fla. 3d DCA 1989)…ts, the landlord’s knowledge of prior crimes — against both persons and property —is relevant to the issue of foreseeability, even if the prior criminal acts are lesser crimes than the one committed against the plaintiff. Salerno v. Hard Fin. Corp., 521 So. 2d 234 (Fla. 4th DCA 1988) (evidence of lesser crimes relevant to foreseeability of murder); Rosier v. Gainsville Inns Assocs., Ltd., 347 So. 2d 1100 (Fla. 1st DCA 1977) (in determining foreseeability of violent crime, landlord’s knowledge of illegal entri…
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Knight v. Merhige, 133 So. 3d 1140 (Fla. 4th DCA 2014)…ble care to prevent physical attacks by third persons. See Hall v. Seaboard Air Line Ry. Co., 84 Fla. 9, 93 So. 151, 153-54 (1921). A “landlord has a duty to protect a tenant from reasonably foreseeable criminal conduct.” Salerno v. Hart Fin. Corp., 521 So. 2d 234, 235 (Fla. 4th DCA 1988). A rental car company has a duty to warn its customers of “foreseeable criminal conduct.” Shurben v. Dollar Rent-A-Car, 676 So. 2d 467, 468 (Fla. 3d DCA 1996). Other examples of recognized special relationships include busin…
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Newell v. Best Sec. Sys., Inc., 560 So. 2d 395 (Fla. 4th DCA 1990)…was relevant to the question of foreseeability of the scope of danger to the appellant, it was error to exclude it. See also Paterson v. Deeb, 472 So. 2d 1210 (Fla. 1st DCA 1985), rev. denied, 484 So. 2d 8 (Fla.1986). Salerno v. Hart Finance Corp., 521 So. 2d 234 (Fla. 4th DCA 1988) is analogous. In that case a mobile home park resident was murdered, and her estate sued the owner for negligence in failing to provide adequate security to protect the residents from foreseeable criminal activity. The court stat…1 / 2
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Orlando Executive Park, Inc. v. Robbins, 433 So. 2d 491 (Fla. 1983)
- Relyea v. State, 385 So. 2d 1378 (Fla. 4th DCA 1980)
- Highlands Ins. Co. v. Gilday, 398 So. 2d 834 (Fla. 4th DCA 1981)
- Winn-Dixie Stores, Inc. v. Johstoneaux, 395 So. 2d 599 (Fla. 3d DCA 1981)
- Augustin Fernandez v. Miami Jai-Alai, Inc., 454 So. 2d 1060 (Fla. 3d DCA 1984)
- Palumbo v. LIL Gen. Stores Corp., 453 So. 2d 1170 (Fla. 4th DCA 1984)