In Smith v.Kulig,Smith was killed when he was visiting a friend's apartment and the fire escape outside of the apartment collapsed when Smith walked on it.The courts held the landlord violated a duty of care to the tenant and his guests,so was liable.

Question

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The court in Smith v. Kulig held that the landlord was not liable because Smith was trespassing on the fire escape, which was not intended for general use, and there was no duty of care owed to him.

In Smith V