Is the Real Estate Exception Applicapable If An Individual Is Injured from the Failure of the Security Guards to Protect Him ?
Is the Real Estate Exception Applicapable if an Individual is Injured Not from the Defect in the Building but from the Failure of the Security Guards to Protect Him ?
In Battle v. Philadelphia Housing Authority, 406 Pa. Super. 578, 594 A.2d 769 (Pa. Super. 1991), the plaintiff was attacked in the lobby of the Raymond Rosen Project, which was owned by the Authority, in the presence of security guards who failed to come to his aid. Id. at 770.
The plaintiff did not assert that his injuries resulted from a defect in the building itself but, rather, that they resulted from the failure of the Authority's security staff to prevent a third person's attack upon him.
The Superior Court held that the real estate exception was inapplicable and affirmed the trial court's dismissal of the complaint. Id. at 772.