Weiler v. Hooshiari, 2011 VT 16 (2011)

Citation: Weiler v. Hooshiari, 2011 VT 16 (2011)
Parent Document: Weiler v. Hooshiari, 2011 VT 16 (2011)
Jurisdiction: Vermont (state)
Effective Date: 2011-02-10
Original Source: https://www.courtlistener.com/opinion/1043796/weiler-v-hooshiari/ ↗

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¶ 12. As recounted by the trial court; the Restatement anticipates that when it is “accepted that the implied warranty of habitability imposes a duty on the landlord to provide the tenant with housing which does not subject the tenant to unreasonable danger of harm, it will be difficult to insulate the landlord from tort liability when his failure to meet his duty results in injury to the tenant.” Reporter’s Note, Restatement (Second) of Property § 17.6. First, the Restatement addresses personal safety of tenants not at issue here. Second, the Restatement requires a tenant to show that in addition to a breach of the implied warranty of habitability, the landlord “failed to exercise reasonable care to repair the condition,” a negligence standard. Restatement (Second) of Property: Landlord and Tenant § 17.6. As discussed further, infra,

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