There is an interesting potential torts case in New York. A woman in her fifties apparently decided to commit suicide at a Mall by jumping from an upper level. She landed on 17-year-old Derrick MuInoz who was knocked unconscious and suffered a large gash on his head.
While it is unlikely that the Mall could be held liable for such a criminal act, Mulnoz could sue the estate of the woman for battery in a wrongful death action. Mental problems or insanity is generally not a defense to intentional torts as shown in the famous case of McGuire v. Almy, 8 N.E.2d 760 (1937). Moreover, while she did not intend to harm Mulnoz, he could argue that there was “substantial certainty” that she would hit someone in a crowded Mall during spring break.
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