Diorio v. Penny

*410Judge Greene

dissenting.

The majority concludes that the plaintiff was contributorially negligent as a matter of law because she “failed to undertake any action whatsoever to correct . . . [the staircase] or to notify the landlord” of its allegedly defective condition. I disagree.

I

A

For purposes of tort law and the doctrine of contributory negligence, a tenant may be required to correct defective conditions in the leased premises to avoid injury to herself. This duty, however, depends on various factors, including, but not limited to, the extent of the defect and the cost to the tenant to repair…