Case Study: Vista Apartment

Words: 1082
Pages: 5

QUESTIONS PRESENTED:
Under Florida Law, does the statue provide a basis of liability on the part of Vistas Apartments for Parker’s physical injuries and loss of money through robbery within the apartment premises under the principle of negligence per se, especially considering that Parker had made numerous requests to the landlord asking that he repairs the deadbolt to the front door?
Whether there is a solid claim for negligence when considering that the landlord was responsible for preventing any foreseeable harm against his tenants and their properties, and further, what was his main role in repairing the front door’s deadbolt as an act of fulfilling his responsibility as the owner of the apartment.
Does the landlord serve as the chief custodian of tenant safety within the apartment; whereby, he would be required to make frequent analyses on the levels of safety and security of the apartments without waiting for any prompts from his tenants?
SHORT ANSWERS:
Negligence per se:
No. Whereas Parker and other tenants made frequent complaints and requests to the landlord
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(Vista) recently sustained injuries and lost money after an assailant attacked him in the downstairs hallway within the premises of his residence. Before this incident, Vista Apartments—located in Downtown Daytona Beach, Florida—had a security breach, which resulted from a broken deadbolt lock. It is important to note that when the tenant was moving in, the deadbolt was working perfectly, and to increase the level of security, there was an additional standard lock. It is also important to note the specific location of this apartment had been marked as a hotspot for high criminal activities. Tenant access into the building was through the common entryway located on the first floor of the building through a front door that was double secured by a deadbolt and standard lock. Tenants used the same key to open both the standard and deadbolt