Iacono v. Kingsley Arms Apartments, Inc.
A seventeen-year-old undiscovered trespasser gained access to the rooftop of a private apartment building and jumped in a suicide attempt, surviving with severe injuries including amputation of his leg. He sued the building owner for premises liability and negligence per se on a 'means restriction' theory of suicide prevention. The Third District affirmed dismissal with prejudice, holding a private building owner owes no duty to an undiscovered trespasser to guard against suicide attempts, and that no amended pleading could state a claim.
Key facts
- Seventeen-year-old undiscovered trespasser gained unauthorized access to the rooftop of a private apartment building and attempted suicide, resulting in severe injuries including amputation of his leg.
- Plaintiff sued the building owner for premises liability and negligence per se, asserting a 'means restriction' theory requiring the owner to prevent suicide by restricting rooftop access.
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Why it matters
The opinion is the Third District's clearest rejection of a 'means restriction' duty theory seeking to impose on private landowners an obligation to prevent suicides from rooftops. Defense counsel in premises cases… — full analysis with a trial
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