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7. Based on the legal highlight involving Dr. Luck on page 156, are landlord liable for injuries suffered by guests of tenants? Liability of Landlords
7. Based on the legal highlight involving Dr. Luck on page 156, are landlord liable for injuries suffered by guests of tenants? Liability of Landlords for Injuries to Guests of Tenants Dr. Thomas Luck (his real name) was attending a medical meeting in Winston-Salem, North Carolina After the conference had ended for the day he spent the evening and night with his daughter at the Hill Top Ridge apartment complex During the night it began to snow, and another tenant noticed that the frozen precipitation had made the outside stairs that provided access to the apartment quite slippery, but she did not inform the management. Early the next morning, the apartment's site manager checked the weather, and finding only slush on the steps outside his own apartment, believed there was no need to clear snow or ice from the property. Later that morning, Dr Luck left his daughter's apartment, carrying a small bag in his left hand and a clothes bag over his shoulder. The lighting was dim and there was a light fog When he reached the second step from the top of the exposed stairway, he hit the ice and slipped. He grabbed at the slick, ice-coated handrails, but to no avail. Dr. Luck fell down the staircase all the way to the bottom suffering permanent injuries. He sued the apartment owners and managers, alleging that their negligence caused him to be permanently paralyzed, lose his medical practice, and suffer great financial loss Dr. Luck's ability to gain compensation for his losses hinged on whether he was an "invitee" or a "licensee" under North Carolina law. An invitee is someone who is invited to be on the property, such as a customer in a store, and the law affords them considerable protection against negligence by the landlord. A licensee, on the other hand, is a social guest of the owner or the tenant, and under North Carolina law only willful or wanton conduct on the part of the landlord will result in liability. The court ruled that although the apartment complex perhaps should have made sure that the steps were clear of ice, they were not guilty of willful or wanton conduct. As a social guest of his daughter, Dr Luck was not entitled to recover for any alleged damages. Dr. Luck was out of luck [Luck V GWWSLP 1997 U.S.App LEXIS 39011, US 4th Circuit)
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