Papakalos v. Shaka

The defendant does not deny that the stairs were defective, but contends that the plaintiff is barred from recovery for four reasons. These are, first, that the defendant had not retained control of the stairway and so was under no duty with respect to it, second, that since the plaintiff, in consideration of a reduced rental, had agreed to take the premises in a condition which he knew was dangerous he “absolved the defendant from liability for injuries resulting from such condition,” third, that the plaintiff had assumed the risk, and fourth, that the evidence establishes conclusively that…