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 repeatedly delayed, despite knowing it posed a significant hazard. Three weeks later, a visitor to the tenant's apartment, unaware of the broken step, tripped and fell, suffering a severe ankle injury. The visitor sued the landlord. Which of the following best describes the landlord's liability?
- AThe landlord is not liable, as the visitor was a licensee, and the landlord only owed a duty to warn of known dangers, which the tenant could have done.
- BThe landlord is liable for negligence, as he failed to maintain common areas in a reasonably safe condition after receiving notice of the hazard.
- CThe landlord is not liable, as the tenant's failure to warn the guest constitutes an intervening cause.
- DThe landlord is strictly liable, as maintaining common areas in an apartment building is an abnormally dangerous activity.
Show answer & explanationAnswer & explanation
Correct answer: B. The landlord is liable for negligence, as he failed to maintain common areas in a reasonably safe condition after receiving notice of the hazard.
Landlords owe a duty of reasonable care to maintain common areas of leased premises in a safe condition. Once a landlord has actual or constructive notice of a dangerous condition, they have a duty to repair it or warn of it. The landlord's failure to repair a known hazard, despite promising to do so, constitutes a breach of this duty, leading to liability for foreseeable injuries.
Why the other options are wrong
- A. While a visitor might be considered a licensee, landlords generally owe a higher duty of care for common areas, which remain under their control, regardless of the visitor's status. The landlord's own failure to act on a known hazard is the primary issue.
- C. The tenant's potential failure to warn does not typically relieve the landlord of their own independent duty to maintain safe common areas, especially when they had direct notice and promised to repair. It would likely not be considered a superseding intervening cause.
- D. Maintaining common areas in an apartment building is not considered an abnormally dangerous activity that would trigger strict liability.
Landlord's Duty (Common Areas)
A landlord owes a duty of reasonable care to maintain common areas of leased premises in a safe condition for tenants and their guests, and to repair or warn of known dangerous conditions.
- Applies to areas under landlord's control (hallways, stairs, lobbies).
- Standard is reasonable care.
- Duty to repair or warn of known or reasonably discoverable dangers.
- Cannot delegate this duty to tenants.
Memory trick: Invitee, Licensee, Trespasser: Each Has a Different Welcome.