LANDLORD AND TENANT-LIABILITY OF LANDLORD TO PERSONS ON THE PREMISES-THE CONCEALED DEFECTS EXCEPTION

Plaintiff sought to recover for injuries suffered in consequence of the defective condition of a stairway in the manufacturing plant leased by her employer from defendant. The stairway was in the sole control of the tenant at the time of the injury; the lease stipulated that no warranty was made as to the condition of the premises; and the sole obligation to repair was borne by the tenant. Liability was claimed, however, upon the contention that the stairway had been in dangerous condition at the time of the letting. It was apparently little used, and plaintiff had used it only once before in eight months. No claim was made that the nature of her purpose at the time of the injury did not preclude use of one of the stairways customarily used. There was no evidence that either the landlord or the tenant knew of the condition, but whatever danger existed was apparently entirely patent. On appeal from the United States District Court for the Eastern District of Tennessee, held, judgment directing a verdict in favor of the landlord reversed. Liability can be predicated on grounds of negligence when premises are let in an unsafe and dangerous condition, if the lessor knew or should have known of the dangerous condition. An employee of the tenant stands in the position of a third person whose right to recovery is not barred by any contract between his employer and the landlord. Kaylor v. Magill, (6th Cir. 1950) 181 F. (2d) 179