Bar Exam — MBE (Multistate Bar Exam)TortsHard
A tenant complained to his landlord about a broken step on the communal staircase of their apartment building. The landlord promised to fix it but failed to do so for several weeks. One evening, a delivery person, lawfully using the staircase, stepped on the broken step, fell, and sustained a serious injury. The delivery person sued the landlord. Which of the following best describes the landlord's duty to the delivery person regarding the common area?
- AA landlord owes a duty of reasonable care to maintain common areas in a safe condition.
- BA landlord owes a duty to warn of known dangers but not to repair them in common areas.
- CA landlord owes no duty to a delivery person who is a licensee.
- DA landlord's duty only extends to tenants, not to third-party visitors.
Show answer & explanationAnswer & explanation
Correct answer: A. A landlord owes a duty of reasonable care to maintain common areas in a safe condition.
Landlords generally owe a duty of reasonable care to maintain common areas (like staircases) in a safe condition for tenants and their guests/invitees. This duty includes inspecting for and repairing dangerous conditions, not just warning of them. The delivery person is a lawful visitor (likely an invitee) to whom this duty extends.
Why the other options are wrong
- B. For common areas, a landlord's duty goes beyond merely warning; it includes a duty to exercise reasonable care to maintain and repair, especially for known defects like a broken step. Failure to repair is a breach.
- C. A delivery person is typically an invitee, not a licensee, and landlords owe a duty to invitees in common areas. This statement is incorrect regarding both classification and duty.
- D. A landlord's duty in common areas extends to all lawful visitors, including guests, invitees, and delivery personnel, not just tenants.
Landlord's Duty (Common Areas)
Landlords owe a duty of reasonable care to maintain common areas (e.g., stairwells, hallways, lobbies) in a safe condition for tenants and their lawful visitors. This includes inspecting for and repairing dangerous conditions.
- Applies to areas under landlord's control, used by all tenants.
- Duty is one of reasonable care (inspect, repair, warn).
- Extends to tenants, invitees, and licensees.
- Non-delegable duty.
Memory trick: Landlords in 'Common' areas have 'Care' for 'Customers' and 'Crew'.