BORDERS V. ROSEBERRY
Kan. Sup. Ct., 216 Kan. 486 (1975)
NATURE OF THE CASE: Borders (P) appealed from an order, which stated that as a matter of
law a landlord of a single-family house is under no obligation or duty to a social guest of
his tenant to repair or remedy a known condition.
FACTS: Roseberry (D) is the owner of a single-family, one-story residence. D leased the
property on a month to month basis to a tenant, Rienecker. Just prior to the time the tenant
took occupancy of the house the D had work performed on the house. The remodeling of the
house included a new roof. The repairmen removed the roof guttering from the front of the
house but failed to reinstall it. The landlord knew the guttering had been removed by the
workmen, intended to have it reinstalled, and knew that it had not been reinstalled. Without
the guttering the rain drained off the entire north side of the house onto the front porch
steps. In freezing weather water from the roof would accumulate and freeze on the steps. D
as well as the tenant knew that the guttering had not been reinstalled and knew that without
the guttering, water from the roof would drain onto the front porch steps and in freezing
weather would accumulate and freeze. The tenant had complained to D about the absence of
guttering and the resulting icy steps. On January 9, 1971, the tenant worked on the front
steps, removing the ice accumulation with a hammer. P arrived on the premises at
approximately 4:00 p. m. in response to an invitation of the tenant for dinner. It is agreed
that P's status was that of a social guest of the tenant. There was ice on the street and
snow on the front steps when P arrived. At 9:00 p. m. P was leaving the house he slipped and
fell on an accumulation of ice on the steps and received personal injuries. Following
submission of the case the trial court entered judgment for D. A landlord of a single-family
house is under no obligation or duty to a social guest, a licensee of his tenant to repair
or remedy a known condition whereby water dripped onto the front steps of a house fronting
north froze and caused P to slip and fall. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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