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Torts • Negligence
TORT#042
Legal Definition
Where a lessor covenants to repair, they are liable for unreasonably dangerous conditions. Absent a covenant to repair, lessors are liable where they *volunteer* to repair and do so negligently.
Plain English Explanation
Generally, a lessee is responsible for maintaining a property. In instances where the lessor, instead, agrees to repair the property, then they are liable for any "unreasonable conditions."
However, when the lessor does not agree to repair, then they are only liable for negligent repairs they make voluntarily.
However, when the lessor does not agree to repair, then they are only liable for negligent repairs they make voluntarily.
Hypothetical
Hypo 1: Sam leases a house from Bob without a covenant to repair. Bob visits Sam a few days into the lease to see how things are going and Sam mentions that the stair rail seems a little wobbly. Bob says not to worry about it and that he'll take care of it. The next day, Bob hot-glues the railing to the stairs to stop them from wobbling. That night, as Sam is walking up the stairs, he leans on the rail causing it to snap off and falls to the ground. Result: Bob negligently repaired the staircase rail, so he is liable for Sam's injuries.
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