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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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“Constructive notice is perhaps a legal concept, therefore, I will define it as it’s legally defined. Constructive notice is defined as knowledge of conditions the landlord could have known about in the exercise of reasonable care. If the defective condition existed before the tenants moved into the apartment, the landlord, not the tenant, the landlord has the burden of showing, by the fair preponderance of the evidence, a lack of notice or knowledge of the condition. The landlord can meet this burden by showing that the landlord could not have known of the defect in the exercise of due care. A landlord who exercises reasonable or due care may not be held liable to a tenant for injuries that arise from a defective condition when the landlord neither knew of nor had reason to know about the defect.