Cases - Owners and Occupiers

Question 1

Owners and Occupiers

Rowland

Answer 1

• Guest hurts himself on broken sink that host knew about
• Hosts must address patent risks/hazards or be held liable

Question 2

Owners and Occupiers

Borders

Answer 2

• Landlord and tenant both knew about icy condition caused by leaking gutter. Guest of tenant hurt himself
• Due to transfer of responsibility from landlord -> tenant when lease was signed, there are exceptions when Landlord would still be liable:
  a. Landlord knows and lessee doesn’t and has no reason to know
  b. Condition is dangerous to others outside the property
  c. Property is open to the public
  d. The landlord maintains control over parts of the property and lessee is entitled to access to it (common areas)
  e. Landlord contracts to make repairs
  f. Landlord is negligent in making repairs.

Question 3

Owners and Occupiers

Pagelsdorf

Answer 3

• Guest of tenant falls through dryrotted railing
• Landlord held liable because could have been an invitee in common area and landlord had duty to invitees to inspect and repair latent dangers

Question 4

Owners and Occupiers

Kline

Answer 4

• Tenant is assaulted in common area of apartment building when landlord knew there was a lot of crime in the area
• Landlord has duty to protect tenants from foreseeable criminal acts committed by third parties; does not need to know that this specific crime, but rather crimes of this type is likely
• If landlord has one of the following, then has a duty:
  a. Statute/special relationship/public obligation?
  b. Authority/capacity to act/economic power preclusion?
  c. On notice?
  d. Take reasonable steps to mitigate harm?