Section 13.43 Common Areas

• Library: Tort Law 2016

B. (§13.43) Common Areas

A landlord is under a duty to exercise ordinary care to keep those portions of the premises over which the landlord retains control in a reasonably safe condition for the use intended. The landlord is liable for damages for personal injuries resulting from the failure to perform that duty. Peterson v. Brune, 273 S.W.2d 278, 280 (Mo. 1954); Killoren v. Killoren, 370 S.W.2d 644 (Mo. App. E.D. 1963); see alsoHagen v. McDonald’s Corp., 231 S.W.3d 858 (Mo. App. W.D. 2007) (reversing summary judgment for lessor because its affidavit, stating that it did not own or operate the restaurant and did not control or have the right to control its day-to-day activities, did not address the issue of whether it retained control of the parking lot in which the plaintiff fell on uneven pavement).

A landlord is deemed to have reserved for common use hallways, stairways, sidewalks, porches, and common laundry facilities. Taylor v. Hitt, 342 S.W.2d 489 (Mo. App. E.D. 1961). An elevator that all tenants may operate for their own convenience is likewise a common area. Sirna v. APC Bldg. Corp., 730 S.W.2d 561 (Mo. App. W.D. 1987). Missouri courts have also held that plumbing, heating, and electrical systems common to several apartments remain under the...