In California, people and entities who own or are in control of property are legally obligated to maintain it in a reasonably safe condition to prevent lawfully present parties from suffering foreseeable injuries from known dangers that might be present. This duty extends both to the owners of the property and those who control it, including businesses and private property owners. Apartment and condominium tenants might have a duty to warn visitors about dangerous conditions they know about within their premises but might not have a legal duty to maintain or warn common areas of the property over which they have no control.

In Moses v. Roger-McKeever, Cal. Ct. App. Case. No. A164405, the California Court of Appeal considered whether a condominium tenant had a legal duty to warn a visitor about the conditions of a stairwell and entryway leading to her condominium and/or to maintain and repair the allegedly dangerous condition that existed.

Factual and Procedural Background