Friday, October 10, 2014

Pagelsdorf v. Safeco case brief summary


Pagelsdorf v. Safeco case brief summary
F: P was assisting a tenant in D’s building, in moving some furniture.
P injured when he leaned on a balcony railing and it collapsed.
Railing should have been replaced.
TC found that D had no knowledge of defective condition of the railing. (in favor of D)


I: If a person lawfully on the premises is injured as a result of the landlord’s negligence in maintaining the premises, whether he is entitled to recover from the landlord under the general negligence principles despite of the general common law principle of nonliability of landlords. 


R: If a person lawfully on the premises is injured as a result of the landlord’s negligence in maintaining the premises, he is entitled to recover from the landlord under the general negligence principles despite of the general common law principle of nonliability of landlords.

A:
Based on policy: Leases no longer treated as conveyances. Instead, LL has an obligation to keep the land in repair under the

terms of the lease. Will determine liability by looking at what’s reasonable under the circumstances. C: reversed -> in favor of P

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