Sargent rented a second-floor apartment in a building owned by Ross. Anna, Sargents four-year-old daughter, fell from

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Sargent rented a second-floor apartment in a building owned by Ross. Anna, Sargent’s four-year-old daughter, fell from an outdoor stairway and was killed.

Suit was brought against Ross for her death. Ross contended that she did not have control over the stairway and therefore was not liable for its condition.

Was this defense valid? [Sargent v Ross, 308 A2d 528 (NH)]

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