Moses v. Roger-McKeever
Facts: A residential tenant in a multi-unit property invites a guest to visit their unit. The guest is injured in a poorly lit common area. The guest seeks to hold the tenant liable for their injuries.
Claim: The guest claims the tenant neglected to protect them from dangerous conditions since the tenant invited guests to their residence, and the tenant had the ability to prevent injury by warning guests of the dangerous conditions.
Counterclaim: The tenant claims they had no duty to the guest since the injury took place in a common area, of which the tenant had no involvement in the construction, maintenance or repair, and the tenant took no actions to suggest they had control over the common area.
Holding: A California appeals court holds the tenant is not liable for the guest’s injuries since the injuries took place in a common area in which the tenant had no control for maintenance or repair. [Moses v. Roger-McKeever (2023) 91 CA5th 172]
Related Reading:
Real Estate Principles: Chapter 83: Security to prevent crimes
Property Management: Chapter 37: Care and maintenance of property
Landlords, Tenants and Property Management: Chapter 29: Dangerous on-site and off-site activities
Related Recent Case Decisions
