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ReFitzhugh v Fairview Gardens Partners - Cause of action in negligence against the owner for injury to a tenant of an apartment complex resulting from third party criminal activity Question Presented Under Oklahoma state law does a tenant of an apartment complex in a high crime area have a cause of action in negligence against the owner of the complex for injuries suffered from third party criminal activity when the owner fails to repair inoperative lights near a common passageway fails to maintain landscaping and does not employ regular security patrols Brief Answer No in Oklahoma in order to state a cause of action in negligence an alleged breach of duty must proximately result in the injury to the party seeking to recover for that injury The owners failure to act was not a breach of his duty to use reasonable care to maintain the common areas of the premises nor did his actions unreasonably enhance the likelihood of criminal activity Although the owner failed to repair inoperative lighting along a common passageway failed to maintain the shrubbery and did not employ regular security patrols his actions can not be said to be the proximate cause of Tiffany Fitzhughs injuries Therefore the Fitzhughs claim against Fairview Gardens Partners will be unsuccessful Statement of facts The Fitzhugh family lives in the Fairview Gardens Apartments complex owned by a limited partnership Fairview Gardens Partners The Fitzhugh family wants to file a negligence claim against the owner of the complex for injuries suffered by their ten year old daughter Tiffany who was shot while walking on the premises of the complex The complex consists of three five story buildings each with a separate entrance separated by walkways The Fitzhugh family lives in the center building number 2 The fronts of the buildings are setback off the street and landscaped with shrubbery and lawns Each of the three buildings has an entry door in the front
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