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
Original Source: https://www.courtlistener.com/opinion/1996620/favreau-v-miller/ ↗

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Plaintiff complains that the jury instructions were deficient in two general respects. First, over plaintiff's objection, the trial court refused to instruct the jury that landlord liability for personal injury could be based upon a breach of the implied warranty of habitability, regardless of the landlord's negligence. Second, plaintiff claims that the jury instructions on negligence were inadequate. Specifically, she argues that the court erred by permitting the jury to find that plaintiff assumed the risk of the defective stairway by renting an old apartment with knowledge of the stairway's condition. She claims further that the instructions misled the jury into believing that dangerous conditions that are "not so serious" do not require prompt repair by *72 the landlord. Finally, plaintiff maintains that evidence of noncompliance with an applicable housing code establishes a prima facie case of negligence; the court instructed only that a violation of the housing code could be used by the jury as evidence of the landlord's negligence. I.

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