Landlords owe a duty of reasonable care to their tenants. If a landlord knows that his or her property has a dangerous condition like a faulty railing or exposed electrical wire, there is a duty to correct such a known dangerous condition or face possible legal repercussions down the road. However, landlords generally are not responsible for dangerous conditions that the tenant creates himself during the course of renting the property. A recent case before the Tennessee Court of Appeals looks at when a dangerous condition is a landlord’s responsibility and when it is in the hands of the tenant.
In this Tennessee premises liability case, K.H. brought claims against her landlord, Group Properties, LLP, after she was injured by a light fixture that fell from her kitchen ceiling. Shortly after moving into her property, K.H. noticed that there was a water leak in her kitchen ceiling, near the light. She alerted her landlord, and one of the owners inspected the property. He was unable to determine the source of the leak and did not fix it. K.H.’s kitchen ceiling continued to leak, and, according to K.H., she continued to alert Group Properties, LLP of the problem. Nothing was done in response to her complaints, and several months later, K.H.’s ceiling light fell while K.H. was cooking dinner. Water had entered the ceiling fixture and caused it to collapse. After it hit K.H., she slipped on the additional water and suffered further injuries to her back and legs. She sued Group Properties, LLP for damages.
The trial court found Group Properties liable for negligence because Group Properties was on notice of the leak but did nothing to fix it. It entered an award of damages to K.H. to cover her medical expenses and pain and suffering. Group Properties appealed.