Question

Jacques informed his tenants that the railing on their balcony was unstable and he was in the process of repairing it. In the meantime, one of the tenants stepped out onto the balcony and fell through the railing. The tenant sued Jacques. Under common law, is the landlord liable?

Answer 1

Answer: No, landlord is not liable

Explanation:

According to the situation described in the question, landlord did inform the tenants about the issue of balcony's railing that they are weak and unstable .He also mentioned that he will repair it soon.

If one of the tenant falls down before the repairing could take place then it is the fault of the tenant as they knew about the condition of railing and still stepped out or went near it , thus the misshapening took place.

Therefore, landlord cannot be held responsible for the accident because he warned the tenants about the railing as well as assured them that he will get it repaired.