Philip Laws rented an apartment from Candice Sutton. Laws had notified Sutton on more than one occasion that the wooden steps to his apartment were decaying and in need of repair. Laws claimed that he had to leave the outside light on in order to avoid portions of the steps that would no longer bear his weight when he came in at night. Sutton promised to repair the steps while Laws was away on a business trip. Accordingly, Laws did not leave the lights on during his absence. When he returned three nights later Laws was injured when one of the steps broke under his weight as he was entering his apratment. Laws sued Sutton. Sutton replied that she should not bear full responsibility for Laws' injury, as Laws knew of the condition of the steps, and had not taken the customary precaution of lighting the area.

a. You be the jury. How do you decide?

b. Discuss the applicable law(s) and then apply the law(s) to the material facts in the problem. In discussing the law, describe each element of the law and the facts that apply to each element. Include a discussion of any possible defenses.