Kwaitkowski v. Superior Trading Co

In Kwaitkowski v. Superior Trading Co. (1981) 123 Cal.App.3d 324, the plaintiff was accosted, raped and robbed in the lobby of defendant's apartment building by a nonresident. Approximately two months prior to the assault upon the plaintiff, another tenant had been attacked, assaulted and robbed in a common area of the building. The defendant had been notified that strangers were entering the building through the front door entrance which did not lock properly. Despite the defendant's knowledge of the conditions and of a prior assault, the defendant did nothing to repair the front entrance door nor did it properly maintain adequate lighting in the common entrance of the lobby. The court held that the defendant's knowledge of the conditions and its failure to repair the lock affirmatively placed the plaintiff in danger of injuries of the same general type as those sustained by the prior tenant.