Q. A tenant’s guest is suing us for injuries she says she suffered when she fell on a staircase at our building.
The staircase had been recently repaired; our resident manager had replaced three loose steps just a few days earlier. He didn’t know about the loose one she claims she tripped on. He is very conscientious at his job and can’t be expected to keep his eyes glued to every inch of the property 24 hours a day, can he?
Isn’t there a limit to what a property owner can be held liable for?
A. A judge answering your question would pose another question in turn: “Was this accident foreseeable, and did management take reasonable steps (pardon the pun) to avoid it?” Although it’s impossible to know how a judge would rule based on the few facts you’ve provided, here’s a few things to think about.
First, could you (or your manager; for these purposes, you are one and the same) foresee such an accident? Your manager was on notice that more than one step needed attention, and he repaired those three. But I can imagine the injured guest arguing that knowledge of three loose steps should have triggered a thorough inspection of the entire staircase.
This argument will have particular force if, after the accident, the guest inspects the rest of the stairs and finds other portions of the structure loose and dangerous. She’ll argue that you were negligent because you did not heed the warning signs of a dangerous structure and inspect and repair it (or at least warn tenants) right away. That’s the “reasonable efforts” part of the question. Surely, more repairs, or at least a warning sign, would not have been unreasonable and would have avoided the accident.
On the other hand, if the loose stair she slipped on had been loosened suddenly, for reasons unrelated to general disrepair of the entire structure, then you and your manager might not be held liable.
You certainly are not obligated to monitor every square inch of your property 24/7, and if a dangerous condition arises despite your reasonable efforts at maintenance, you may not be held responsible.
This situation illustrates a landlord’s duty to not only fix what needs fixing but also take additional measures when common sense suggests them. By doing the right thing (repairing the three steps), your manager arguably triggered the need to inspect the entire set of steps for yet more damaged treads. Half-measures can cost you dearly.
More Top Picks Best Migraine Pillows For Neck Pain