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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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Similarly, in this case, Marshall testified that the railing through which Cayetano fell was loose or bent and Robin testified that she told Marshall about the damage to the middle railing. Also, there was evidence about the deterioration of the porch floor that caused Cayetano to trip and fall into the right railing, leading, ultimately, to his injuries. Jane had constructive notice of the deteriorating condition of the railing and the porch floor because Marshall, her agent, had actual notice of both. This evidence supports a conclusion that the porch railing constituted a dangerous condition, and that the landlord, Jane, failed to keep the premises in a fit and habitable condition as required by § 34-18-22(a)(2). As a result, she breached her duty of care to the Girons. Cf. Ramos v. Granajo,