Skip to main content
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

1,278 chars
The commentary to § 17.6 further explains the “reasonable care” aspect of the rule, stating that “[t]he landlord is subject to liability under the rules of this section only for conditions of which he is aware, or of which he could have known in the exercise of reasonable care. Ordinarily, the landlord will be chargeable with notice of conditions which existed prior to the time that the tenant takes possession. Where the condition arises after the tenant takes possession, the landlord may not be able, in the exercise of reasonable care, to discover the condition, in which case the landlord will not be liable under the rules of this section until he has had a reasonable opportunity to remedy the condition after *385the tenant notifies him of it. Where the landlord is able to discover the condition by the exercise of reasonable care, he is subject to liability after he has had a reasonable opportunity to discover the condition and to remedy it.” Id., comment (c). Thus, the Restatement (Second) of Property states that, even if the landlord violates a standard the violation of which constitutes negligence per se, no liability ordinarily attaches for injuries stemming from the violation unless the landlord had actual or constructive notice prior to the violation.