Aaron v. Havens

The Court’s opinion benignly repeats the long-accepted principle that “[t]he owner of an apartment building has a recognized duty to use due care to make common premises safe, as against foreseeable risks.” (At 447). From this innocent beginning, the Court takes us down a legal road our courts have not traveled before. Because I believe the Court errs in so doing, I respectfully dissent.

Three rationales exist which might support the imposition of the duty of landlords. First, the landlord owes a duty to maintain common areas in a reasonably safe condition. Second, courts may imply “an…