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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Giron v. Bailey, 985 A.2d 1003 (2009)

Citation
Giron v. Bailey, 985 A.2d 1003 (2009)
Parent Document
Giron v. Bailey, 985 A.2d 1003 (2009)
Jurisdiction
Rhode Island (state)
Effective Date
2009-12-18

Other Sections in This Document (56)

Full Text

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Here, the Girons, although never explicitly pleading that their cause of action arose from the duty imposed upon landlords by the act, nonetheless effectively stated a claim that Bailey had violated the duty imposed by it. The trial justice adopted the standard of care created by the act and Jane never objected. For these reasons, we hold that the standard of care provided by the act, supplemented by common law, governs this case. That is, in addition to a landlord’s statutory duty to make repairs and do whatever is necessary to maintain the premises in a fit and habitable condition, the landlord has an obligation to exercise reasonable care for the safety of those expected to be on the premises and to protect against dangerous conditions existing on the premises. See Tancrelle,