Newton v. Magill case brief

Newton v. Magill case brief summary
872 P.2d 1213 (Alaska 1994)

SYNOPSIS: Appellant tenants sought review of an order of the Superior Court of the State of Alaska, First Judicial District, which granted appellee landlords' motion for summary judgment in the tenants' action for personal injury.

OVERVIEW: The tenants claimed that the tenant wife was injured after she slipped and fell on the walkway to her house. They further claimed that the landlords had a duty to remedy the slippery and hazardous condition, and that they negligently failed to do so. The trial court held that it was the tenants' duty to maintain the entryway that was for the sole use of the tenants and that there was no evidence that the entryway was latently defective.

HOLDING:
-On appeal, the court found that under the Uniform Residential Landlord and Tenant Act as adopted in Alaska, Alaska Stat. §§ 34.03.010-380, the landlords had a duty to exercise reasonable care in light of all the circumstances with respect to the condition of the walkway.
-The court held that genuine issues of material fact existed as to whether the landlords breached their duty to the tenants.

RULES:
-Landlords retain responsibility for dangerous conditions on leased property.
-The duty of a tenant is to keep that part of the premises occupied and used by the tenant as clean and safe as the condition of the premises permits.

OUTCOME: The court reversed the trial court's grant of summary judgment in favor of the landlords and remanded for further proceedings.

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