Section 70-24-303

Citation: Section 70-24-303
Parent Document: Calder v. Anderson, 911 P.2d 1157 (1996)
Jurisdiction: Montana (state)
Effective Date: 1996-02-26
Original Source: https://www.courtlistener.com/opinion/884076/calder-v-anderson/ ↗

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                Our        rejection             of      the       general          rule      of    landlord
        immunity          does not make landlords                              liable       as insurers.6
         ['We do not accept                   the Newtons'               argument         that     a rule      of
        strict       liability           should govern this                    case.]        Their    duty is
        to use reasonable                   care to discover                 and remedv conditions
        which       present           an unreasonable                   risk       of harm under             the
        circumstances.                  Nor does our ruling                       mean that        questions
        as to whether                a dangerous                condition          existed       in an area
        occupied          solely        by the tenant                  or in a common area,                    or
        whether          the        condition             WJ.23     apparent           or     hidden,        are
        irrelevant.                  These        are        circumstances               which       must      be
        accounted          for in customary                   negligence           analysis.         They may
        pertain         to the reasonableness                         of the landlord's                or the
        tenant's         conduct         and to the foreseeability                          and magnitude
        of the risk.                In particular,                a landlord           ordinarily        gives
        up the          right         to enter             premises           under        the     exclusive
        control         of the tenant                 without          the tenant's            permission.
        The landlord's                ability         to inspect           or repair          tenant     areas
        is therefore              limited.             In such cases "a landlord                        should
        not be liable               in negligence                unless       he knew or reasonably
        should        have known of the defect                               and had a reasonable
        opportunity            to repair            it."         Young v. Garwacki,                380 Mass.
        162, 402 N.E.2d                 1045, 1050 (1980).

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