Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)

Citation: Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Parent Document: Ruiz v. Pelson Realty Trust, 13 Mass. L. Rptr. 346 (2001)
Jurisdiction: Massachusetts (state)
Effective Date: 2001-05-13
Original Source: https://www.courtlistener.com/opinion/8354352/ruiz-v-pelson-realty-trust/ ↗

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The promise of the implied warranty of habitability, which derives from a legislatively expressed public policy, see G.L.c. 111, §127A, made applicable by the Supreme Judicial Court in Hemingway to “physical facilities' vital to the use of the leased premises,” McAllister, supra, at 305, will go unfulfilled if we move from a regimen of strict liability to a system based on negligence.5 Thus, a cause of action brought by a tenant’s guest or visitor for an injury that results from a breach of the implied warranty of habitability should stand on the same footing as the tenant’s claim under similar circumstances, and should be governed by principles of strict liability.6

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