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Broken Gate

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An apartment complex has had for many years a locked gate with a keypad entrance to the parking lot. The mechanism has been broken for three months and the gate stays open. During this time five cars have been damaged by teenagers, smashing windows and slashing tires. The landlord was informed of the problem after the first incident, but has made no effort to repair the gate, saying that it is too costly. Recently a woman was raped in the parking lot late one night. Is the landlord liable for her physical and emotional injuries? Why or why not? What criteria would you apply to these facts? Explain your answer in detail.

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