LANDLORD AND TENANT-LIABILITY OF LANDLORD TO PERSONS ON THE PREMISES-BREACH OF COVENANT TO REPAIR

Authors

Thomas P. Segerson, University of Michigan Law SchoolFollow

Abstract

Plaintiff, a carpenter, hired by tenant, suffered personal injuries in a fall caused by a defective railing on the rear porch of premises leased by defendant to tenant. By the terms of the lease, tenant was given exclusive possession of the premises, while defendant agreed to keep the rear porch in repair. Defendant had failed to repair the railing on being notified of its defective condition. From a judgment holding defendant liable to plaintiff for the injuries sustained; defendant appealed. Held, reversed. In the absence of control of the premises, a lessor is not liable in tort for personal injuries because of his breach of an agreement to make repairs. Huey v. Barton, 328 Mich. 584, 44 N.W. (2d) 132 (1950).

Recommended Citation

Thomas P. Segerson, LANDLORD AND TENANT-LIABILITY OF LANDLORD TO PERSONS ON THE PREMISES-BREACH OF COVENANT TO REPAIR, 49 Mich. L. Rev. 1080 (1951).
Available at: https://repository.law.umich.edu/mlr/vol49/iss7/16