Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)

Citation: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Parent Document: Berish v. Bornstein, 21 Mass. L. Rptr. 530 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-05-22
Original Source: https://www.courtlistener.com/opinion/8356288/berish-v-bornstein/ ↗

Full Text

1,206 chars

The Trustees have established that the defendants failed to use reasonable care in installing the windows. The failure to flash or caulk the windows to make them waterproof fell below industry standards. See Corthell v. Great Atl. & Pac. Tea Co., 291 Mass. 242, 243-44 (1935); Bergendahl v. Massachusetts Elec. Co., 45 Mass.App.Ct. 715, 719 (1998), rev. den., 707 N.E.2d 1078, cert. den., 528 U.S. 929 (1999) (industry standards and practice are relevant to assessing reasonable care). There is no merit to the defendants’ assertion that the Trustees failed to eliminate other causes for the many window leaks in the condominium. A plaintiff is not bound to exclude every other possible cause for his injury other than the defendant’s negligence, but must show a greater likelihood that it came from an act of negligence for which the defendant is responsible than from a cause for which the defendant is not responsible. Forlano v. Hughes, 393 Mass. 502, 507 (1984). The Trustees established that the lack of flashing and caulking was a substantial contributing cause of the leaking windows. Accordingly, the Trustees are entitled to recover in negligence for the leaking windows.13 3.Bathroom Ventilation

Other Sections in This Document (121)

Full Text