It is generally agreed that the tort liability of the holder of an estate in land is an incident of occupation or control. However, the courts are not agreed as to the degree of control which will sustain such liability. Neither are their holdings uniform as to the inferences which are to be drawn with respect thereto from the existence of an agreement by a landlord to make repairs or from the act of a landlord in repairing a defect in demised premises under such agreement, subsequent to an injury caused by the defect repaired.
William M. Myers S.Ed.,
TORTS-LIABILITY OF A LANDLORD FOR INJURIES TO PERSONS ON
THE PREMISES-COVENANT TO REPAIR-EFFECT OF REPAIRS MADE UNDER SUCH COVENANT SUBSEQUENT TO AN INJURY CAUSED BY DEFECT REPAIRED,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol48/iss5/9