Valencia

In this opinion we seek to clarify an area that continues to generate confusion among trial and appellate courts. That is, how are the courts to analyze the question of duty in a negligence action brought by a tenant against a landlord, for injuries inflicted by a third party on the landlord's premises? In the case before us, Bertha Valencia (Bertha), a minor, was violently attacked and injured by Eric Umali (Eric), the adult son of Ricardo and Erlinda Umali who were tenants in the apartment building where Bertha's family also resided. At the time of the attack, Bertha lived with her mother Eva Nunez (Eva) and her aunt Juana Nunez (Juana), in the same apartment complex and on the same floor as the Umalis. As a result of the attack, Bertha, Eva and Juana sued the Umalis, as well as persons and entities alleged to be the owners and landlords of their apartment building (landlords), where the attack took place. [1]

The landlords successfully moved for summary judgment on the ground that they owed no legal duty to the plaintiffs to protect them from injury. The plaintiffs appeal, claiming that they presented evidence to establish the landlords' duty to take steps to…