Woolston v. Wells

*550LENT, J.

The issue is whether a landlord’s possible liability to a tenant’s invitee injured by a condition on the premises retained in the landlord’s control is properly described in the language of 2 Restatement (Second) of Torts, §§ 343 and 343A(1) (hereinafter §§ 343 and 343A(1)) since the legislative adoption of comparative fault and the abolition of implied assumption of risk. We hold that those sections of the Restatement are no longer proper statements of the law of this state in such a case and approve the analysis of the Court of Appeals, Woolston v. Wells, 63 Or App 7, 663 P2d 408…