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Keywords

lawsuitplaintiffdefendantnegligenceliabilitystatutetrialverdictcorporationsustainedstrict liability

plaintiffdefendantdamagescorporationcommon law

Related Cases

Gore v. People’s Sav. Bank, 40 Conn.App. 219, 670 A.2d 332

Facts

The plaintiffs, Thomas Gore and Wanda Copeland, filed a lawsuit against People's Savings Bank and M.S.B. Real Estate Corporation after their son, Kendall, was exposed to lead-based paint in their apartment. The apartment was inspected in 1985, revealing lead levels exceeding federal standards, prompting the health department to notify the landlord to abate the lead. The plaintiffs claimed negligence and strict liability against the defendants for failing to comply with health and safety laws, but the trial court directed a verdict in favor of the defendants on the strict liability count.

The plaintiffs, Thomas Gore and Wanda Copeland, on their own behalf and on behalf of their minor son, Kendall Copeland, brought this action against the defendants, People's Savings Bank and M.S.B. Real Estate Corporation, claiming that the defendants were liable for the damages caused by their son's exposure to lead-based paint in the defendants' building.

Issue

Whether the landlord can be held strictly liable for injuries caused by lead-based paint without having actual or constructive notice of the violation.

Rule

A landlord may be held liable for injuries caused by lead-based paint only if they had actual or constructive notice of the violation and a reasonable time to repair the condition after receiving such notice.

The Supreme Court first outlined the traditional principles of landlord premises law, stating that 'as a matter of common law, a tenant's claim for injuries caused by lead-based paint in the apartment would depend upon proof of control and actual or constructive notice of the conditions giving rise to the defective conditions caused by the lead-based paint.'

Analysis

The court applied the rule by examining the evidence presented regarding the landlord's notice of the lead paint violation. It concluded that the jury was properly instructed on the necessity of proving notice and the reasonable time for repairs, aligning with the Supreme Court's interpretation of the relevant statutes. The court found that the jury's determination of the landlord's lack of liability was consistent with the requirement of notice.

The court applied the rule by examining the evidence presented regarding the landlord's notice of the lead paint violation.

Conclusion

The court affirmed the trial court's judgment, concluding that the landlord was not liable for the injuries sustained by the minor due to the lack of actual or constructive notice of the lead paint violation.

The judgment is affirmed.

Who won?

The landlord prevailed in the case because the court found that they did not have actual or constructive notice of the lead paint violation and had repaired the condition within a reasonable time after receiving notice.

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