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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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When one considers the age of a building in relation to these basic factors, one can see that it can cut either way in specific cases. If the consequences of age increase the likelihood of injury to tenants and increase the likely seriousness of an injury, and these increased risks are not offset by an increase in the burden of avoiding the injury, then the landlord might have to take additional safety precautions in an older building. If, in another case, the increased risks are more than outweighed by the increased burdens, the landlord might not have to take as many safety precautions as in a newer building. In a case involving an older building, an instruction that age always reduces the landlord's responsibility with respect to safety is simply wrong and clearly prejudicial to the tenant.