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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

George Washington University v. Weintraub, 458 A.2d 43 (1983)

Citation
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Parent Document
George Washington University v. Weintraub, 458 A.2d 43 (1983)
Jurisdiction
DC (municipal)
Effective Date
1983-02-25

Other Sections in This Document (206)

Full Text

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The trial court considered appel-lees’ claims1 under two alternative theories of recovery, negligence and breach of the implied warranty of habitability. In analyzing the negligence claim the court reasoned that although appellants owed their tenants a duty of reasonable care under the circumstances, they were not required to foresee all possible dangers that might befall the person or property of appellees. The court distinguished cases in which landlords had been held liable to tenants on negligence theories2 on the ground that there was “no evidence that the flood from Apartment 502 was more than a ‘one time thing,’ and ... [appellants] were in [no] position to anticipate it.” The court concluded that appellees “did not prove that any discrete negligent act or omission by the [appellants] was the proximate cause of [appellees’] damage” and denied recovery under the negligence theory.3