Skip to main content
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

1,860 chars
Because the provisions at issue here do not expressly provide for strict liability, this case is clearly distinguishable from the system of liability in Massachusetts. In Bencosme v. Kokoras, 400 Mass. 40, 43, 507 N.E.2d 748 (1987), the Massachusetts Supreme Judicial Court concluded that landlords were strictly liable for compensatory damages resulting from violations of the lead-based paint laws. In doing so, however, the court noted that the language of Massachusetts General Laws c. 111, § 199, which created landlord liability, “virtually compel[led] the conclusion that neither negligence nor knowledge of the risk is an element of liability .... An owner ‘shall be liable for all damages caused by his failure to perform the duties required of him pursuant to . . . [§ 197].’ G.L. c. 111, § 199. Section 197 imposes a duty to remove or cover lead paint, plaster, and other material when a child under six years of age resides in the premises. See Commonwealth v. Racine, 372 Mass. 631, 637 [363 N.E.2d 500] (1977). Neither section imposes that duty only if the owner knew or should have known of the risk or only if the premises had been inspected and a compliance order had been issued. . . . The implication is clear that liability for compensatory damages under the first paragraph of § 199 does not require such a notice. We think it follows that the first paragraph of 8 199 was not intended to require proof of negligence and that it should be read and applied literally. There is nothing in *390the legislative history . . . that indicates that the literal reading we give to §§ 197 and 199 was not intended.” Bencosme v. Kokoras, supra, 43-44. The statutory scheme at issue in this case does not include such clear and unmistakable language. Thus, the existence of such liability in Massachusetts sheds little light on the question before us.