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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (94)

Full Text

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Examining § 47a-8 under this framework, we are unpersuaded that the legislature intended to create a standard the violation of which establishes a landlord’s strict liability for injuries sustained by a minor plaintiff due to exposure to lead-based paint. Although the plaintiffs point to the language of §§ 47a-7 and 47a-8 and their legislative histories as indicating a legislative intent to provide strict liability, we can discern no such legislative intent. We agree that the language and histories of these sections indicate the legislature’s intent to prohibit the use of lead-based paints and to prevent the existence of chipped or otherwise dilapidated paint for the protection of children, but the plaintiffs have shown us nothing to indicate that the legislature intended the extraordinary result of holding a landlord liable for injuries sustained by a minor due to exposure to lead-based paint regardless of a valid excuse or justification, such as lack of notice, for the violation. Absent such an indication, we do not “add” a notice requirement in declining to recognize strict liability; rather, we merely recognize that the legislature has not acted to eliminate the common law requirement of notice.