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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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We agree with plaintiff that the court's language—"Where a tenant voluntarily rents an apartment with knowledge that it has a less than convenient stairway which requires some additional care to negotiate, the tenant cannot complaint if he or she fails to use the care required to descend the stairs successfully"—is unfortunate, but in the context of the overall charge it is not error. It is a transition from the charge on the landlord's liability to the charge on contributory negligence, which we have not quoted.[2] See Sargent v. Ross, 113 N.H. at 395, 308 A.2d at 533 ("The obviousness of the risk is primarily relevant to the basic issue of a plaintiff's contributory negligence."). The language merely begins to explain that the tenant's own negligence must be considered in the final account.