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MMLU / A tenant's four-year old daughter fell from a second-floor outdoor stairway at…

Problem

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question

A tenant's four-year old daughter fell from a second-floor outdoor stairway at their apartment building. The tenant sued the landlord for negligent construction and maintenance of the stairway, steps, and railing. The stairs were built on a dangerously steep incline, the steps were loose, and the railing was insufficient to keep the baby from falling over the side. The jury found that the landlord was negligent in the design and construction of the stairs and in failing to maintain the stairs, steps and railing in a safe condition. The landlord appealed on the basis of immunity from suit and the failure of the tenant to assert any exception to landlord immunity. Under the modern rule, will the appellate court affirm the jury's verdict against the landlord?

choices

  1. Yes, the landlord is strictly liable for the abnormally dangerous condition that he knowingly allowed to exist.
  2. Yes, the modern rule is that the landlord, like anyone else, has a duty to use due care to protect its tenants and others from injury caused by a foreseeable risk of harm.
  3. No, because the landlord still enjoys the common law protection of the doctrine of "lessee beware," and residential property is generally still rented "as is."
  4. No, because a landlord cannot be held liable for negligent design or maintenance, even under the modern rule.

subject

professional_law

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Source and history

task_id
458e9799-7c21-5e36-9d9b-af271cefb299
task_key
all--test--458e9799-7c21-5e36-9d9b-af271cefb299
task_revision_id
1
config / split
all / test

Official source

initial import