Pagelsdorf v. Safeco Insurance Co. of America

We dispose of this appeal by addressing the single issue of the scope of a landlord’s duty toward his tenant’s invitee who is injured as a result of defective premises. Abrogating the landlord’s general cloak of immunity at common law, we hold that a landlord must exercise ordinary care toward his tenant and others on the premises with permission.

The defendant Richard J. Mahnke owned a two-story, two-family duplex. There were four balcony porches: one in front and one in back of each flat. Mahnke rented the upper unit to John and Mary Katherine Blattner who lived there with their three…