Case Law Summaries

Leibig v. Somerville Senior Citizens Housing, Inc.

• Opinion Date: October 4, 2001
• Real Property Law
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LANDLORD’S LIABILITY—A tenant injured by a condition in the apartment known to the tenant, not created by its landlord, and not the result of a faulty repair by its landlord, cannot recover from its landlord.

An elderly, active, and self-sufficient woman living by herself in an apartment building operated by a senior citizens housing organization wedged her arm between a bathroom wall and a grab bar mounted on the wall. Unfortunately, this resulted in her death. The housing organization leased the property from the municipality, but acted only as a landlord. It did not operate an assisted living facility, nor did it provide services beyond those normally found in a landlord-tenant relationship. The grab bar was further away from the wall than architectural standards recommended, but it did not appear to violate any law in that regard. The housing organization had no input into the design or construction of the building. There were no prior incidents or other circumstances putting the housing organization on notice that the grab bar was a potential problem. The deceased tenant had lived with the grab bar for nine years prior to the accident. The lease itself was “unremarkable,” and placed no obligation on the landlord to assure its tenant’s well-being over and above that which normally would be found in a landlord-tenant relationship. The general rule is that “[a] landlord is not an insurer of a tenant’s safety, even though under certain well-defined circumstances, duties flow from landlord to tenant.” Here, the condition was known to the tenant and did not result from a faulty repair by the landlord. It was not a condition in the common area over which the landlord had maintained control. The condition did not breach the implied warranty of habitability. Further, “use of the warranty of habitability in a personal action injury remains limited.” There was no inference of negligence that would invoke the doctrine of res ipsa loquitur. Consequently, the landlord was not liable to the tenant or to the tenant’s estate.

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