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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Favreau v. Miller, 591 A.2d 68 (1991)

Citation
Favreau v. Miller, 591 A.2d 68 (1991)
Parent Document
Favreau v. Miller, 591 A.2d 68 (1991)
Jurisdiction
Vermont (state)
Effective Date
1991-03-29

Other Sections in This Document (106)

Full Text

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Plaintiff contends that a landlord should not be absolved of liability because a tenant “assumes the risk.” We agree. If an unreasonably dangerous condition exists in the apartment, the landlord must take reasonable steps to correct the condition whether or not the tenant rented the premises with knowledge of the condition. The tenant’s conduct is measured by negligence standards, not on the doctrine of assumption of the risk. 12 V.S.A. § 1036. The jury charge here stated the correct principle clearly and repeatedly.