Etienne Rents an Apartment in an Older Building That Has

question 62

Multiple Choice

Etienne rents an apartment in an older building that has many structural problems.One of those problems is that there are exposed electrical wires in Etienne's kitchen.Etienne repeatedly asked for the problem to be fixed, but the landlord does not enjoy dealing with wiring and the problem still has not been fixed.Etienne therefore warned Crystal about the wires when she visited his apartment for dinner.Unfortunately, Crystal accidentally touched the wires and received a terrible shock.She has sued both Etienne and the landlord for occupiers' liability.Assuming that the statutory rules apply, which of the following statements is most likely to be TRUE?

• A)Etienne is liable because he did not use reasonable care to protect Crystal.
• B)The landlord is liable for failing to make repairs under the lease.
• C)Since Etienne invited Crystal to his apartment, she is classified as an invitee and therefore she will not win against either defendant unless she proves that the dangerous wires were hidden from her view.
• D)The landlord is not liable because it is the tenant, rather than the landlord, that has control of the premises under a lease.
• E)The landlord is liable for failing to satisfy the requirements of common humanity.

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