Legal Memorandum: Liability for Injuries Suffered on Premises

Issue: What notice must a landlord receive of a dangerous condition on his premises before liability for injuries suffered by third persons invited on the premises by the tenant?

The law in the Virgin Islands governing a landlord’s liability for injuries suffered by his tenants or others on his premises with the consent of his tenants is clearly set forth in the Restatement (Second) of Torts.  Under Restatement (Second) of Torts §§ 355 and 356, the general rule is that a landlord is not liable to tenants or others on the property for any injuries sustained because of a dangerous condition on the property.  This general rule applies whether the condition arose before or after the tenant took possession.  Restatement (Second) of Torts § 355 provides:

Except as stated in §§ 357 and 360-362, a lessor of land is not subject to liability to his lessee or others upon the land with the consent of the lessee or sublessee for physical harm caused by any dangerous condition which comes into existence after the lessee has taken possession.

Conversely, Restatement (Second) of Torts § 356 provides:

Except as stated in §§ 357-362, a lessor of land is not liable to his lessee or to others on the land for physical harm caused by any dangerous condition, whether natural or artificial, which existed when the lessee took possession.

Plainly, the date on which the dangerous condition comes into existence does nothing to change the general rule that a landlord is not liable for injuries befalling his tenants or their guests on the leased property.  But, the date on which the condition occurred does impact the application of […]