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The Leasing Hotline
No Duty to Protect Against Arsonist
There is no duty to protect third parties from uninvited intruders. Travelers Property Casualty v. Vernadette Pratt et al., No. 41,387-CW, Court of Appeal of Louisiana, Second Circuit, Sept. 27, 2006.
Pratt and the Costanzas entered into an oral lease for space where Pratt operated a restaurant. The restaurant shared a common wall with the adjacent store, a men's clothing store owned by Miletello. An arsonist started a fire in the restaurant, causing extensive damage to both the restaurant and the clothing store. Both Miletello and the Costanzas were insured by Travelers Property Casualty Company under separate policies. Travelers paid its insured's losses and filed a subrogation action against Pratt and her insurer, claiming the sole and proximate cause of the fire was Pratt's negligence in failing to secure the premises adequately.
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