Gore v. People's Savings Bank, 235 Conn. 360 (1995)

Citation: Gore v. People's Savings Bank, 235 Conn. 360 (1995)
Parent Document: Gore v. People's Savings Bank, 235 Conn. 360 (1995)
Jurisdiction: Connecticut (state)
Effective Date: 1995-10-10
Original Source: https://www.courtlistener.com/opinion/7896280/gore-v-peoples-savings-bank/ ↗

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In determining whether a violation of § 47a-8 constitutes negligence per se or provides a basis to subject *373the landlord to strict liability, we must first discuss traditional principles of landlord premises liability. We have recognized that, under the common law, landlords have a duty to use reasonable care to maintain in a reasonably safe condition those areas of their premises over which they exercise control. Cruz v. Drezek, 175 Conn. 230, 234, 397 A.2d 1335 (1978); Douglass v. 95 Pearl Street Corp., 157 Conn. 73, 82, 245 A.2d 129 (1968); Klahr v. Kostopoulos, 138 Conn. 653, 654, 88 A.2d 332 (1952); see State v. White, 204 Conn. 410, 427, 528 A.2d 811 (1987). We stated in Cruz v. Drezek, supra, 235: “There could be no breach of the duty resting upon the [landlords] unless they knew of the defective condition or were chargeable with notice of it because, had they exercised a reasonable inspection of their premises, they would have discovered it; Kirby v. Zlotnick, 160 Conn. 341, 344, 278 A.2d 822 [1971]; White v. E & F Construction Co., 151 Conn. 110, 112, 193 A.2d 716 [1963].” Thus, liability of a landlord for damages resulting from a defective condition in an area over which the landlord exercises control generally depends upon proof that the landlord received either actual or constructive notice of the condition prior to the time of the plaintiffs injuries. See, e.g., Cruz v. Drezek, supra, 235; McCrorey v. Heilpern, 170 Conn. 220, 221, 365 A.2d 1057 (1976); White v. E & F Construction Co., supra, 112-13. Liability also usually depends upon proof that the landlord failed to remedy the defective situation in a reasonable period of time after receipt of notice. See Sauro v. Arena Co., 171 Conn. 168, 170-71, 368 A.2d 58 (1976); Long v. Savin Rock Amusement Co., 141 Conn. 150, 153, 104 A.2d 221 (1954).

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