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 Smith was a trespasser and the landlord was not liable.

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The court found that Smith was a trespasser because he was not an invitee or licensee, and the landlord owed no duty of care to trespassers, thus not liable for the accident.

In Smith V