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  • Yile Xu - Torts Essay 1

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    Yile Xu
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    Tenant is liable for Nephew's personal injuries, not Landlord. [1] Tenant was in possession and control of the apartment where the incident occurred and Tenant's action of heating a large pot of water caused the unsafe environment that led to Nephew's injuries. [2] Although Landlord was notified about issues with the furnace and was working to fix it, Landlord made reasonable efforts to repair the apartment and could not have foreseen that Tenant would injure Nephew with boiling water. [3] Therefore, while Tenant is liable for failing to provide a safe environment for his guest Nephew, Landlord is not liable as the furnace issues were not the proximate cause of the injury and Landlord's

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    Tenant is liable for Nephew's personal injuries, not Landlord. [1] Tenant was in possession and control of the apartment where the incident occurred and Tenant's action of heating a large pot of water caused the unsafe environment that led to Nephew's injuries. [2] Although Landlord was notified about issues with the furnace and was working to fix it, Landlord made reasonable efforts to repair the apartment and could not have foreseen that Tenant would injure Nephew with boiling water. [3] Therefore, while Tenant is liable for failing to provide a safe environment for his guest Nephew, Landlord is not liable as the furnace issues were not the proximate cause of the injury and Landlord's

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    175 views2 pages

    Yile Xu - Torts Essay 1

    Uploaded by

    Yile Xu
    Tenant is liable for Nephew's personal injuries, not Landlord. [1] Tenant was in possession and control of the apartment where the incident occurred and Tenant's action of heating a large pot of water caused the unsafe environment that led to Nephew's injuries. [2] Although Landlord was notified about issues with the furnace and was working to fix it, Landlord made reasonable efforts to repair the apartment and could not have foreseen that Tenant would injure Nephew with boiling water. [3] Therefore, while Tenant is liable for failing to provide a safe environment for his guest Nephew, Landlord is not liable as the furnace issues were not the proximate cause of the injury and Landlord's

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    of 2

    Essay 2

    Q1: May the jury properly award Nephew damages for his personal injury from Tenant?

    Yes.

    Under Negligence law, homeowners must provide a reasonably safe environment for guests
    who are invited onto their property. Homeowners have a duty to prevent conditions that may
    cause injuries, unless the danger is so visible and obvious that a guest should be able to avoid it.
    This responsibility is based on traditional standards for negligent behavior, which can hold
    homeowners responsible for injuries that result from unintentional accidents. Homeowners
    have greater liability when the injuries involve children, since children are less able to recognize
    danger. In parts of the apartment building where the tenant controls, liability hinges on
    possession. If injuries only occurred because of the actions a person took, proximate causation
    is present. The tenant would be liable for his own action.

    Here, Landlord rents out the apartment building to Tenant, and made reasonable effort to fix
    the apartment. During the repair period, Tenant decides to heat a large pot of water and mixed
    it with cold water to bathe. And Nephew is Tenant’s guest.

    Therefore, the apartment is under Tenant possession and control when incident happened.
    Tenant’s action caused the danger. Tenant is liable for his own action. Tenant has the liability to
    provide a reasonably safe environment for his guest – Nephew.

    Here, an eight-year child is no able to foresee the danger and avoid the injury when he was
    chasing a ball out of a bedroom that the opened into the hall. The danger is not visible or
    obvious. Nephew did not intentionally fail to look or call out does.

    Therefore, Tenant is liable for Nephew’s personal injury because he was in possession and
    control of the apartment and it is Tenant’s action that caused the unsafe environment for his
    guest.

    Q2: May the jury properly award Nephew damages for his personal injury from Landlord?

    No.

    The issue here is whether Landlord is liable for Tenant’s negligent action.

    Under negligence law, during a tenancy, landlord responsibilities include keeping the premises
    in a reasonable state of repair and in compliance with building, health and safety laws. A
    landlord is held responsible for an injury on the rented premises if it can be shown that the
    landlord was somehow negligent in maintaining the property, and that the negligence in doing
    so was the proximate cause of the injury.
    Here, Landlord ordered the parts needed to fix the furnace right after when he was notified.
    And Landlord made reasonable effort to repair the apartment. And it is not foreseeable that
    Tennant would get his Nephew burnt by the boiling water.

    Therefore, Landlord is not liable for Tenant’s negligence because the furnace parts arriving is
    not the proximate cause of Nephew’s injury and Landlord cannot foresee the incident.

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