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Moore v. Jimel9/27/2002
remises [is held] to a "positive affirmative duty to protect them, not only against dangers which may arise from some defect or unsafe condition of the physical property upon which they are invited to enter, but against dangers which may be caused by negligent acts of his employees, or even of customers, where, as a reasonably prudent person, he should have anticipated the possible occurrence and the probable results of such acts." 278 Md. at 166 (emphasis supplied).
The Court of Appeals then particularized that enhanced duty to the situation involving the perceived risk of crimes being committed against customers.
If the landlord knows, or should know, of criminal activity against persons or property in the common areas, he then has a duty to take reasonable measures, in view of the existing circumstances, to eliminate the conditions contributing to the criminal activity. 278 Md. at 169.
Pertinent History of Criminal Incidents Confined to Premises And Not to Surrounding Neighborhood
As to the area covered by known criminal incidents and giving rise to the foreseeability of risk, the Court of Appeals confined the area to the storeowner's premises itself and not to the surrounding neighborhood.
We think this duty arises primarily from criminal activities existing on the landlord's premises, and not from knowledge of general criminal activities in the neighborhood. Every person in society is subject to the risk of personal injury or property damage from criminal activity, both inside and outside his abode. The risk obviously varies with the time and locale. Since the landlord can affect the risk only within his own premises, ordinarily only criminal acts occurring on the landlord's premises, and of which he knows or should have known (and not those occurring generally in the surrounding neighborhood) constitute relevant factors in determining, in the particular circumstances, the reasonable measures which a landlord is under a duty to take to keep the premises safe. Id. (emphasis supplied).
Scott v. Watson Consistently Followed
Scott v. Watson has been consistently followed as the settled law of this State. In Hemmings v. Pelham Wood, 144 Md. App. 311, 317-18, 797 A.2d 851 (2002), Judge Davis wrote for this Court:
This rule also applies to criminal acts of third parties; "there is no special duty imposed upon the landlord to protect his or her tenants against crimes perpetrated by third parties on the landlord's premises." Scott, 278 Md. at 166. However, when it can be illustrated that the landlord had knowledge of increased criminal activity on the premises, a duty is imposed on the landlord to undertake reasonable measures to keep the premises secure. Id. at 165. (Emphasis supplied). See also Valentine v. On Target, 112 Md. App. 679, 686, 686 A.2d 636 (1996); Valentine v. On Target, 353 Md. 544, 551-52, 727 A.2d 947 (1999).
In applying what it interpreted to be prevailing Maryland law, the Fourth Circuit, in Nails v. Community Realty Co., 1998 WL 879511, 1998 U.S. App. LEXIS 31576 (1998), cited Scott v. Watson as its authority and summarized its holding.
There is no special duty imposed upon the landlord to protect his tenants against crimes perpetrated by third parties on the landlord's premises. Rather, a landlord who has set aside areas for the use of his tenants in common owes them the duty of reasonable and ordinary care to keep the premises safe. The landlord is not an insurer of tenants and is only obliged to use reasonable diligence and ordinary care to keep common areas in reasonably safe condition. ... f the landlord knows, or should know, of criminal activity against pers
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