Kulig owns a building with businesses on the ground floor and apartments on the second floor. The street door to the apartments is kept locked so only tenants and their guests have access. At the back of the building is a fire escape.
The tenants were told not to use the fire escape unless there was an emergency. "No trespassing" signs were posted on the fire escape. Smith was visiting Wolf at his apartment in the building. Apparently, Smith went on to the fire escape, some bolts that attached it to the wall came out, and Smith fell to his death. His estate sued Kulig. The trial court dismissed the suit, holding Smith to be a trespasser.
The holding was appealed.

1. The North Dakota high court held the landlord had no duty to protect trespassers from dangers on the property. Since Smith was a guest of Wolf, a tenant, why was he a trespasser?
2. The fire escape was in poor condition and may have collapsed if people had used it in case of a fire. Why was that not a failure by the landlord to exercise due care?