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
Original Source: https://www.courtlistener.com/opinion/2298306/george-washington-university-v-... ↗

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The trial court, first, denied recovery for the landlord’s alleged negligence. The court properly kept the burden of persuasion on the tenants but erred in declining to apply res ipsa loquitur on the tenants’ behalf. All three tests for res ipsa were met: the flooding of the apartment, attributable to water pressure buildup in a valve, does not ordinarily occur in the absence of negligence; an instrumentality within the landlord’s exclusive control — the valve apparatus in the plumbing system — apparently caused the flooding; and the tenants’ actions were not a contributing factor. The tenants thereby established a prima facie case; thus, the trial court should have required the landlord to produce evidence rebutting the inference of negligence. Specifically, the landlord should have had to show that it could not have known of the defect in the exercise of reasonable care, or else run the risk of an adverse judgment. Accordingly, I would reverse and remand for reconsideration of alleged negligence, for on this record the landlord cannot be exonerated as a matter of law.

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