Strauss v. Belle Realty Co.

1985

Venue: NY Ct. App

Facts: In the blackout, Strauss has no running water. He goes to the basement to get water, and falls. Sues the power company.

Posture: Summary judgment for defendant Con Ed at trial. Affirmed on appeal; case against Con Ed dismissed.

Issue: Does Con Ed owe a duty of care to someone who gets hurt in a common area of a building?

Holding: No. Dismissal is affirmed.

Rule: For public policy reasons, we need to limit liability to privity of contract.

Reasoning: Unlimited liability, essentially: everyone would sue, and there'd be no end to the list of foreseeable parties or injuries. The courts have a duty, as a matter of public policy, to contain this stuff at a manageable level.

Dicta: Dissent: so, basically, the more widespread and serious the injury, the less the tortfeasor's responsibility, if we go this route. That seems wrong.