Facts
- Richard J. Mahnke owned a two-unit duplex, lived in the lower unit, and rented the upper unit to John and Mary Katherine Blattner under an oral lease that included Mahnke’s agreement to make necessary repairs.
- The duplex had balcony porches; some railings were being replaced as older wooden railings deteriorated, but the upper back porch still had a wooden railing.
- The upper back porch railing consisted of nailed wooden sections attached to posts, without screws, bolts, or braces.
- On May 10, 1974, after the Blattners moved out, Mrs. Blattner’s brothers returned to remove remaining furniture and asked James Pagelsdorf to help.
- While moving furniture, Pagelsdorf leaned on or placed weight on the second-story balcony railing; it failed, and he fell and was injured.
- Inspection after the accident showed the railing assembly had dry rot.
- Pagelsdorf alleged Mahnke undertook repairs and had notice of deterioration; Mahnke denied knowledge of any specific defect.
Issues
- Whether a landlord owes a duty of ordinary care in maintaining leased residential premises to the tenant and to persons on the premises with the tenant’s permission, despite the traditional common-law rule limiting landlord liability.
Decision
- The Wisconsin Supreme Court reversed the judgment dismissing the complaint and remanded for further proceedings.
- The court held that a landlord must exercise ordinary care toward the tenant and others on the premises with the tenant’s permission.
- The court concluded the trial court erred by submitting the case under the traditional landlord nonliability framework rather than instructing on ordinary care and ordinary negligence principles.
Legal Principles
- Landlords in Wisconsin owe a general duty of ordinary care in the maintenance of leased premises to tenants and permitted visitors.
- The traditional common-law rule of broad landlord nonliability (subject only to limited exceptions) is abrogated.
- Liability for injuries caused by unsafe conditions on leased premises is determined under ordinary negligence analysis (duty, breach, causation, damages), rather than by asking whether a narrow exception to landlord immunity applies.
- Treating residential leases as contracts and recognizing an implied warranty of habitability supports imposing tort responsibility for negligent failure to maintain safe premises.
Conclusion
Wisconsin replaced the traditional landlord-immunity approach with a general negligence duty: landlords must use ordinary care in maintaining leased residential property, and tenants and their permitted visitors may recover for injuries caused by the landlord’s negligent maintenance.