Etienne Rents an Apartment in an Older Building That Has

Multiple Choice

Etienne rents an apartment in an older building that has many structural problems.The most recent problem is exposed wiring in Etienne's kitchen.Etienne has asked the landlord twice to fix the problem,but he is quite busy with repairs and has yet to fix it.Crystal is visiting and,though Etienne has warned her,accidentally touches the exposed wiring which electrocutes her,causing her to go to the hospital.Crystal is now suing both Etienne and his landlord for occupiers' liability.Which of the following describes the outcome under the statutory rules?

A) Etienne is liable because Etienne has not used reasonable care.
B) The landlord is liable because he failed to make repairs under the lease.
C) Etienne is not liable if he believed that the potential danger to Crystal was small.
D) The landlord is not liable because he does not have control over the premises and therefore is not an occupier.
E) Both Etienne and the landlord are liable because of vicarious liability.