M Civ JI 19.11 Landlord’s Nondelegable Duty for Negligent Repairs Made by an Independent Contractor

A landlord, [ name of landlord ], undertaking to make repairs on the leased premises may not delegate his or her duty to another and avoid liability for injuries occurring on the leased premises, but remains responsible to the [ tenant / tenant’s invitees ], [ name of tenant / names of tenant’s invitees ], for negligence of the independent contractor in undertaking or making the repairs.

Note on Use

This instruction should be given if a dangerous condition is brought about as the result of a negligent act of an independent contractor making repairs on the premises. It does not matter whether the repairs are being undertaken pursuant to a lease or other agreement, or gratuitously.

Comment

This instruction is supported by Misiulis v Milbrand Maintenance Corp, 52 Mich App 494; 218 NW2d 68 (1974).

History

M Civ JI 19.11 was added January 1982.