Skip to main content
DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Labarbera v. Malec, 540 S.W.3d 903 (2018)

Citation
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Parent Document
Labarbera v. Malec, 540 S.W.3d 903 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-03-06

Full Text

602 chars
Under Missouri law, landlords are generally protected from liability for personal injuries caused by a dangerous condition existing on the leased premises. Stephenson v. Countryside Townhomes, LLC , 437 S.W.3d 380, 384 (Mo. App. E.D. 2014). The recognized exceptions to the rule include: (1) a hidden dangerous condition; (2) where the injury occurs in a "common area" used by two or more tenants and/or landlord and tenants; and (3) where the landlord is contractually obligated to make repairs and has retained sufficient control over the premises. Id. Plaintiff contends the third exception applies.