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Question 1
Tim rents an apartment from Lisa. One day, Tim gets injured while stepping out of an elevator because the elevator stopped 18 inches above floor level. Tim falls while stepping from the elevator and sustains injures. Can Tim hold Lisa liable for his injuries?
Correct Under the modern rule, a landlord is liable in tort for injuries that are caused by his or her negligence in common areas. An elevator clearly qualifies as a common area.
Incorrect! Under the modern rule, a landlord is liable in tort for injuries that are caused by his or her negligence in common areas. An elevator clearly qualifies as a common area.
Correct
Incorrect!
Question 2
Tim rents an apartment from Lisa. One day, Tim asks Lisa to fix Tim's oven, which is broken. Lisa fixes it. Unfortunately, Lisa negligently does a bad job and the next time Tim tries to cook something on the stove, flames shoot out of the stove and cause Tim to suffer severe burns. Can Tim hold Lisa liable for his injuries?
Correct Although a landlord generally has no duty to repair conditions that arise during the lease term, if the landlord does undertake to do some repairs, he or she must do those repairs in a competent manner. If the repairs are done negligently, the landlord can be liable for any injuries that result from the negligent repairs.
Incorrect! Although a landlord generally has no duty to repair conditions that arise during the lease term, if the landlord does undertake to do some repairs, he or she must do those repairs in a competent manner. If the repairs are done negligently, the landlord can be liable for any injuries that result from the negligent repairs.
Correct
Incorrect!
Question 3
Tim rents an apartment from Lisa. In the middle of Tim's kitchen is a huge hole in the floor that anyone can see. Tim rents the apartment nonetheless because of the low rental price. One night, Tim is sleepwalking and he falls into the hole and sustains injuries. Can Tim hold Lisa liable for his injuries?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct A landlord generally has no duty to make the premises safe for the tenant. The landlord must warn the tenant about "latent" (hidden) dangers. However, this danger was clearly not latent. Therefore, it is Tim's responsibility to make sure that the premises are safe for himself; it is not Lisa's responsibility.
Incorrect! A landlord generally has no duty to make the premises safe for the tenant. The landlord must warn the tenant about "latent" (hidden) dangers. However, this danger was clearly not latent. Therefore, it is Tim's responsibility to make sure that the premises are safe for himself; it is not Lisa's responsibility.
Question 4
Steve stays at a Best Western Hotel. While Steve is shaving, a circuit blows, causing a fire that injures Steve. Assuming that Best Western was negligent, and that this negligence caused the circuit to blow, can Steve hold Best Western liable for his injuries?
Correct The "short term lease" rule provides that hotels are liable for guests' injuries if they come as a result of the negligence of the owner of the hotel in allowing the hotel to degenerate so that a dangerous condition causes an injury to a guest.
Incorrect! The "short term lease" rule provides that hotels are liable for guests' injuries if they come as a result of the negligence of the owner of the hotel in allowing the hotel to degenerate so that a dangerous condition causes an injury to a guest.
Correct
Incorrect!
Correct
Incorrect!
Question 5
The organization "Save the Dinosaurs" rents out Yankee Stadium to hold a rally protesting the human activities that have led to the extinction of the dinosaur. Dino, a protester at the rally, gets injured when a block of cement falls out of the upper deck and hits him on the head. Who can Dino sue for his injuries?
Correct The "public use" rule states that for a short term lease during which the premises will be open for a public event, the landlord, and not the tenant has the responsibility to assure that the premises are in a state of proper repair.
Incorrect! The "public use" rule states that for a short term lease during which the premises will be open for a public event, the landlord, and not the tenant has the responsibility to assure that the premises are in a state of proper repair.