93 So. 3d 1251
La.2012Background
- The Woodlands, an apartment complex in Mandeville, Louisiana, is owned by First Lake Properties, Inc.
- A seven-year-old, Kaitlyn, was injured when a teenager on a bicycle lost control and rode onto her leg while she rode a scooter in the courtyard.
- Plaintiffs Tanya Lato Ponceti and Kaitlyn sued First Lake for negligence, alleging it allowed bicycles on sidewalks in violation of a Mandeville ordinance.
- First Lake moved for summary judgment arguing there was no duty to protect against third-party actions on its premises.
- The district court denied summary judgment; on supervisory writs, the court of appeal affirmed, and the Louisiana Supreme Court granted writs to review.
- The court applies a duty-balancing test for third-party criminal acts to determine if a duty exists.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether First Lake owed a duty to protect against third-party bicycle injuries. | Ponceti argues foreseeability due to manager's knowledge of bicycle use on sidewalks. | First Lake contends no prior incidents and no duty to prevent third-party acts absent foreseeability. | No duty found; summary judgment granted to First Lake. |
Key Cases Cited
- Posecai v. Wal-Mart Stores, Inc., 752 So.2d 762 (La. 1999) (adopts balancing test for duty to protect from third-party crime)
- Meany v. Meany, 639 So.2d 229 (La. 1994) (duty is a question of law)
- Peterson v. Gibraltar Savings and Loan, 733 So.2d 1198 (La. 1999) (clarifies duty determination framework)
- Mundy v. Department of Health and Human Resources, 620 So.2d 811 (La. 1993) (duty analysis in negligence actions)
- Faucheaux v. Terrebonne Consolidated Government, 615 So.2d 289 (La. 1993) (factors for foreseeability and duty on premises)
- Adams v. Traina, 830 So.2d 526 (La. App. 2 Cir. 2002) (example of duty depending on prior incidents)