Guest of a Guest/Tenant and the Duty of Care

It has long been established that an individual who rents from another is an “invitee” and is owed a duty of ordinary care by the landlord to keep the premises reasonably safe.  Mississippi courts have held that a person who is on the rental property at the invitation of the tenant is owed the same duty.  In Joiner v. Haley, 777 So.2d 50, 52 (Miss. App.2000), the Court stated that “it would appear that an invited guest on the premises of rental property would be afforded the same protections extended to the tenant.” The Court also noted that in multi-unit apartment buildings, where the owner expressly or impliedly reserves parts for common use, “[i]t is the landlord’s duty to keep safe such parts over which he reserves control, and, if he is negligent in this respect, and personal injury results to a tenant or to a person there in the right of the tenant, he is liable in tort.” Lucas v. Miss. Hous. Auth. No. 8, 441 So.2d 101, 103 (Miss. 1983) (quoting Turnipseed v. McGee, 236 Miss. 159, 109 So.2d 551 (1959)).

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