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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)

Citation
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Parent Document
Gifford v. Sears, 19 Mass. L. Rptr. 716 (2005)
Jurisdiction
Massachusetts (state)
Effective Date
2005-08-12

Other Sections in This Document (37)

Full Text

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The defendants have moved for partial summaiy judgment as to Counts I and II. Count I alleges that the dangerous condition of the staircase, which conditions(s) caused the plaintiffs fall and injuiy, constituted a breach of the implied warranty of habitability of the premises. Specifically, it is alleged that the breach was the defendants’ failure to have proper lighting and handrails for the staircase. Count II alleges the defendants violated G.L.c. 143, §51, astatute imposing liability upon owners for injuries caused on the premises resulting from their failure to comply with the provisions of G.L.c. 143, §51 and the State Building Code. FACTUAL BACKGROUND