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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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“Elaborating further on this concept of constructive notice, I’d like to set forth the landlord’s claim. The landlord claims that it was not aware of a lead-based paint hazard when the defendants took possession of the apartment. The landlord claims that a landlord of ordinary prudence, acting under the same or similar circumstances, would not have been aware of or would not have discovered a lead-based paint hazard. On this issue the landlord has the burden of proof. If you find the landlord did not have constructive notice at the time the tenants moved in, then you must go on and decide *367whether the landlord received actual notice. If a defective condition arose after the plaintiffs moved into the apartment, the plaintiffs must show, by a fair preponderance of the evidence that the landlord received actual notice of the condition. In this regard, you have heard testimony about a testing procedure . . . you’ve heard other evidence relevant to the issue of actual notice. On the issue of actual notice the plaintiffs have the burden of proof.”