Borders v. Roseberry
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Borders v. Roseberry | |
Court | Supreme Court of Kansas |
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Citation | 216 Kan. 486 532 P.2d 1366 |
Date decided | 1975 |
Facts
The plaintiff was a social guest at the house of their friend, when they slipped on ice and fell. The ice was caused by water dripping from the roof onto the front steps and freezing. The landlord of the house is the defendant, and the plaintiff maintained that they had a duty to keep the premise in good repair.
Procedural History
Judgment for the defendant.
Issues
Whether landlord is liable for injuries on the premise of his leased land.
Holding
Not liable.
Judgment
Judgment affirmed.
Rule
The old rule is that the lessee acquires an estate in the land, and becomes for the time being the owner and occupier, subject to all the responsibilities of the one in possession. Therefore, there is generally no liability on the landlord, either to the tenants or to others entering the land, for defective conditions existing at the time of the lease.
Exceptions to the rule:
- Undisclosed dangerous conditions known to the lessor and unknown to the lessee
- Conditions dangerous to persons outside of the premises
- Premises leased for admission of the public
- Parts of land retained in lessor’s control which lessee is entitled to use
- Where lessor contracts to repair
- Negligence by lessor in making repairs