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Keywords

damagesnegligenceappealtrialverdictleaseregulationappellant
appealtrialleaseregulationduty of careappellantappellee

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Kanelos v. Kettler, 406 F.2d 951, 132 U.S.App.D.C. 133

Facts

The appellant, a tenant, suffered injuries when her bathroom slipper caught in a deteriorated door sill. Although the door sill was in good condition when she moved in, it deteriorated over time, and the tenant reported the issue to the landlord on three occasions without any repairs being made. On the day of the incident, the tenant was returning to the bathroom when she fell due to the condition of the door sill.

On three separate occasions prior to her fall, appellant reported the defect to appellee and asked that it be corrected, but nothing was done about it.

Issue

Did the tenant voluntarily assume the risk of injury from the deteriorated door sill, thereby barring her recovery for damages?

The question— and the sole question— we are summoned by this appeal to decide is whether the evidence established an assumption of risk as a matter of law.

Rule

Landlords have an affirmative duty to maintain leased premises in a reasonably safe condition, and tenants cannot be held to have voluntarily assumed risks created by the landlord's negligence.

Thus we find, as we did similarly in Whetzel that these three provisions tax appellee with ‘a duty of care toward (his) tenants. This duty can be satisfied either by making the necessary repairs or by terminating use of the premises as a place of human habitation.'

Analysis

The court analyzed the evidence presented and determined that the tenant's continued occupancy of the apartment did not equate to a voluntary assumption of risk. The landlord's failure to address the reported safety issue constituted a breach of duty under the Housing Regulations, which imposed maintenance obligations on the landlord. The court emphasized that the tenant's choice to remain in the apartment was not a free choice but rather a compelled decision due to the landlord's negligence.

Thus, in common with the general American law on the subject, we have rejected applications of the assumed risk doctrine where the exposure, even to a recognized hazard, was not voluntary.

Conclusion

The Court of Appeals reversed the directed verdict and remanded the case for a new trial, concluding that the tenant could not be held to have voluntarily assumed the risk of injury.

We reverse the judgment appealed from and remand the case to the District Court for a new trial.

Who won?

The tenant prevailed in the appeal because the court found that the landlord had a duty to maintain the premises and that the tenant's continued occupancy did not constitute an assumption of risk.

Appellee owed appellant the obligation, mandated by the Housing Regulations, to maintain the leased apartment, including the bathroom door sill, in a reasonably safe condition.

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