Borders v. Roseberry

Agnes Roseberry (defendant) renovated and rented her single-family home to Reineker. During renovation the roof guttering was removed and not replaced, causing rainwater to drip onto the front steps and form ice in freezing weather. Roseberry knew of the condition and said she intended to fix it, and Reineker also notified her. Reineker tried to chip away accumulated ice with a hammer. Later that day Gary Borders (plaintiff) came to dinner, slipped on the icy steps while leaving, and was injured. He sued Roseberry; the district court ruled for her.

Whether a landlord has a duty to repair a defective condition on leased premises that is known to both the landlord and the tenant.