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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Although the common law imposes on landlords only a duty to maintain in a reasonably safe condition those areas of their premises over which they exercise control, statutes may impose on landlords additional duties or obligations. See Panaroni v. Johnson, 158 Conn. 92, 102, 256 A.2d 246 (1969) (New Haven housing code obligated landlord to maintain outside stairway in sound condition or good repair); Chambers v. Lowe, 117 Conn. 624, 628-29, 169 A. 912 (1933) (legislature may change common law rules of landlord liability to impose new obligations on landlords). Indeed, under general principles of tort law, a requirement imposed by statute may establish the applicable standard of care to be applied in a particular action. It is well established that “[i]n order to establish liability as a result of a statutory violation, a plaintiff must satisfy two conditions. ‘First, the plaintiff must be within the class of persons protected by the statute. [Coughlin v. Peters, *376153 Conn. 99, 101, 214 A.2d 127 (1965)]; Hassett v. Palmer, 126 Conn. 468, 473, 12 A.2d 646 [1940]; Monroe v. Hartford Street Ry. Co., 76 Conn. 201, 207, 56 A. 498 [1903]. Second, the injury must be of the type which the statute was intended to prevent. Toomey v. Danaher, 161 Conn. 204, 212, 286 A.2d 293 [1971]; Longstean v. McCaffrey’s Sons, 95 Conn. 486, 493, 111 A. 788 [1920]. See Prosser, Torts (4th Ed.) § 36; Restatement (Second), 2 Torts §§ 286, 288 [1965].’ Wright v. Brown, 167 Conn. 464, 468-69, 356 A.2d 176 (1975).” Berchtold v. Maggi, 191 Conn. 266, 274-75, 464 A.2d 1 (1983).15

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