Under what circumstances does a landlord remain liable for injuries in common areas?

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A landlord retains liability for injuries in common areas primarily when those injuries are caused by hidden dangers. This duty arises from the landlord's responsibility to maintain safe premises for their tenants and visitors. Common areas, such as hallways, staircases, or shared recreational facilities, are under the landlord’s control, and therefore, the landlord must ensure these areas are free from hazards that might not be readily observable to tenants.

If a hidden danger exists — for example, a loose railing that is not easily seen — the landlord can be held liable if a tenant or visitor is injured as a result of that danger. This requirement underscores the landlord's obligation to conduct regular inspections and to address any potential hazards known to them or that should have been known with reasonable diligence.

The other options do not align with the established legal principles regarding landlord liability. For instance, liability is not conditional solely upon a tenant reporting the injury, nor can it solely stem from prior tenant negligence. Moreover, if a tenant is at fault for the injury that occurs in a common area, this does not absolve the landlord of liability if a hidden danger was present that contributed to the incident. Thus, the focus on hidden dangers effectively captures the essence of a landlord’s duty of care in common areas

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