Ortega v. Flaim

A social guest of landlords tenant sustained personal injuries after falling down stairs at the tenants residential dwelling. The social guest sued landlord for damages. Relying on the common laws general rule of landlords immunity from liability, however, the district court granted landlords motion for summary judgment. The social guest appealed, presenting this court with the primary issue of whether Wyoming will abandon the common law rules governing landlord liability as set forth in RESTATEMENT (SECOND) OF TORTS §§ 356-362 (1965) and adopt a duty of reasonable care. Alternatively, if the court does not impose a duty of reasonable care, appellant social guest invites this court to attach liability based on theories of implied warranty of habitability, strict liability, and nuisance. Having carefully considered the questions before us, we decline to abrogate the common law rule or attach liabilities under the presented alternative theories.