Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A tenant in an apartment building complained to her landlord about a persistent leak in her ceiling, which was causing water damage to her furniture. The landlord promised to fix it but took no action for several weeks. During this time, the ceiling partially collapsed, damaging more furniture and causing the tenant to slip and fall, sustaining a minor injury. Which of the following best describes the landlord's liability?
- AThe landlord is not liable because the tenant assumed the risk by staying in the apartment.
- BThe landlord is strictly liable for the damages because the leak constituted a dangerous condition.
- CThe landlord is liable for negligence due to breaching the duty to maintain the premises in a safe condition.
- DThe landlord is only liable for the property damage, not the personal injury, as the fall was unforeseeable.
Show answer & explanationAnswer & explanation
Correct answer: C. The landlord is liable for negligence due to breaching the duty to maintain the premises in a safe condition.
Landlords generally owe a duty to their tenants to maintain common areas and, in many jurisdictions, the leased premises themselves in a reasonably safe condition. Failure to address a known leak that leads to further damage and injury constitutes a breach of this duty, leading to liability for negligence.
Why the other options are wrong
- A. Assuming risk typically requires knowledge of the specific danger and voluntary encounter; merely staying in one's apartment while waiting for repairs doesn't automatically constitute assumption of risk.
- B. A persistent leak, while dangerous, typically doesn't rise to the level of an 'abnormally dangerous activity' to trigger strict liability for a landlord.
- D. Both property damage and personal injury from a known, unaddressed dangerous condition are generally foreseeable consequences of a landlord's negligence.
Landlord's Duty to Tenants (Maintenance)
Landlords generally owe a duty to tenants to maintain leased premises and common areas in a reasonably safe condition and to repair known defects.
- Duty to maintain common areas.
- Duty to warn of hidden dangers.
- Duty to repair defects in leased premises (often by statute or implied warranty of habitability).
- Liability for injuries caused by failure to repair known defects.
Memory trick: Landlord's Law: Keep it Safe or Pay the Price.