797 N.W.2d 739
Minn. Ct. App.2011Background
- Two-year-old Kenneth White III died after falling from a third-floor window at his grandmother's Many Rivers apartment.
- Whites sue Many Rivers for negligence; district court granted summary judgment in favor of Many Rivers.
- Windows in Many Rivers units used screens held by tension pins; warnings stated screens do not prevent falls.
- Two prior incidents: a girl fell from a fourth-floor window nearby; Many Rivers sent warnings about window safety.
- A post-incident engineer opined safer window/screen designs could have prevented the fall; others opined designs met codes.
- Minnesota later enacted laws increasing window/screen strength; Many Rivers modified designs after the incident.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty existence | Whites claim landlord owed duty due to exceptions for negligent repair, control, or hidden hazards. | Many Rivers did not breach a duty; no duty arising under these exceptions. | No duty found; summary judgment affirmed. |
| Negligent repair | Landlord repaired screens and thus owed due-care to ensure safety. | Repair duty limited to reasonable performance; no obligation to design screens to contain a child. | No negligent repair duty established. |
| Landlord retains control | Landlord's control over repairs/create maintenance duty to ensure safety. | No sufficient control over individual apartment windows to create duty. | Control exception not applicable. |
| Hidden dangerous condition | Landlord hid a hazard and owed warnings to prevent harm. | Hazard was open/obvious; warnings provided; tenants/guests knew of risk. | No duty to warn owed in these circumstances; evident hazard with warnings. |
| Express agreement | Notices created contractual duty to repair to a safer standard. | Notices did not form a contractual obligation to modify to a specific standard. | No contractual duty to modify windows; no breach established. |
Key Cases Cited
- Gradjelick v. Hance, 646 N.W.2d 225 (Minn. 2002) (landlord exceptions to general non-liability for defects)
- Drager by Gutzman v. Aluminum Indus. Corp., 495 N.W.2d 879 (Minn. App. 1993) (express lease obligation to maintain may create duty)
- Saturnini v. Rosenblum, 217 Minn. 147 (14 N.W.2d 108) (landlord not bound to make screens fail-safe absent contract)
- Oakland v. Stenlund, 420 N.W.2d 248 (Minn. App. 1988) (hidden hazards; duty to warn varies with knowledge by tenant)
- Canada by Landy v. McCarthy, 567 N.W.2d 496 (Minn. 1997) (negligent repair; limits of landlord duty)
- Myhre v. Schleuder, 108 N.W. 276 (Minn. 1906) (reasonable safety standard for repairs; not broader safety obligations)
- Krueger v. Farrant, 13 N.W. 158 (Minn. 1882) (absence of implied covenant to maintain premises)