DeBlasio’s Law Department says murder victim should have known ‘risks’ of public housing

In July of 2013, Olivia Brown was murdered by a vagrant in the Lincoln Houses. The following year, her mother Crystal Brown, sued the New York City Housing Authority (NYCHA), which runs the Lincoln Houses project, claiming that NYCHA’s notoriously lax security was to blame for her daughter’s death.

The Bitemaster is not a lawyer and cannot say whether the City is immune from such suits or whether landlords generally are liable for the murder of their tenants, but the City has introduced a novel defense: they claim it was Olivia’s fault for living in the dangerous Lincoln Houses.

If you’re in a baseball stadium watching a game and you’re hit by a foul ball, you generally can’t sue. The doctrine is called “assumption of risk.” The idea is that baseball fans know the risks of attending a game and take those risks upon themselves.

That’s pretty much what De Blasio’s lawyers are asserting in this case:

“All the risks, hazards and dangers were open, obvious and apparent to [Brown] and said risks, hazards and dangers were openly and voluntarily assumed by [Brown],” said the documents, filed Thursday.

But shouldn’t the risks at least be prominently posted? I propose a sign such as:

Lasciate ogne speranza, voi ch’intrate

Source: City: Murder victim should have known ‘risks’ of public housing | New York Post

2 thoughts on “DeBlasio’s Law Department says murder victim should have known ‘risks’ of public housing

  1. A lawyer friend commented:

    “When I heard about this, I sort of laughed, I suppose the laugh of someone who used to work at a law firm that did some defense of lead paint lawsuits where, as I understood it, our side would argue that the child’s low IQ was actually due to the parents’ low IQs.

    “One assumes a lot of risks by being poor.”

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