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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 301

Citation
Section 301
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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The plaintiffs, following the rationale adopted by the Appellate Court, would have us distinguish these cases on the basis of the differences in the statutes and ordinances that were at issue in them. The Appellate Court distinguished this case, involving a violation of § 47a-8, from other cases predicating a landlord’s liability for a defect in the premises on the landlord’s receipt of notice on the basis that the other cases “did not involve the violation of a statute specific to the defect alleged, but rather, were clearly predicated upon common law negligence principles.” Gore v People’s Savings Bank, supra, 35 Conn. App. 134. We agree that § 47a-8 fixes, for the purposes of showing a violation of § 47a-7, a specific standard regarding the use of lead-based paints and the condition of paint in dwellings. As a result, we agree, on the basis of the legislature’s adoption of this specific standard, that a *388violation of § 47a-8 constitutes negligence per se. We are unpersuaded, however, that the adoption of this “statute specific to the defect alleged”; id.; evinces the further legislative intent to hold a landlord liable regardless of that landlord’s lack of actual or constructive notice.