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 negligent in the provision and maintenance of a required fire escape,so liable to Smith's heirs.

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In Smith v. Kulig, the court held that the landlord was not liable because Smith was considered a trespasser on the fire escape, which was not intended for general use.

In Smith V