Gore v. People's Savings Bank, 40 Conn. App. 219 (1996)

In holding that notice is relevant to the action, the Supreme Court quoted with approval the commentary to § 17.6 of the Restatement (Second) of Property. “ ‘[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 the 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.’ [2 Restatement (Second), Property, supra], 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.” Gore v. People’s Savings Bank, supra, 235 Conn. 384-85. The Supreme Court concluded by noting that “the statutory framework evinces a legislative intent to afford landlords the opportunity to remedy violations of housing standards after receipt of notice.” Id., 388.