Legal Commentary

Sometimes hypos really do happen.  I haven't studied Torts since Professor Judge Calabresi utterly confused me taught me the basic course. (In all seriousness, he was a delightful professor; but I still haven't thought about the subject in any sustained way since then.)  So, here's the not-so-hypothetical hypo that happened to me this weekend. Is this grist for a good Torts exam question or is it too easy?

A victim (call him B) is working with his partner (P) in the backyard of their New York apartment (yes, some New York apartments do have backyards; like I said, this isn't made up).  P instructs B to enter into neighbor's (N's) yard to retrieve some hanging lights that are B and P's property.  Why are the lights on N's property?  Because Landlord (L), who owns both properties, recently had both yards relandscaped (yes, some New York City backyards are landscaped -- sort of).  When doing the landscaping work, L's workmen scrambled the possessions of the two renters.  Why can B enter N's backyard?  Because L constructed the fence with a gate that contains no lock.  Indeed, in the past N and P have entered each other's backyards to retrieve items left on the other side by L's workmen.

After some etiquette-based hesitation grounded in part on the fact that a non-resident guest of N was recently in the backyard, B enters into N's yard, where two large brooms are left strewn on the ground.  B trips, and injures his knee.  Ultimately, though, he is able to retrieve said hanging lights and returns, limping, back to his own yard.

Who could I B successfully sue?