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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Accordingly, I conclude the trial court erred in declining to find the landlord negligent without giving the tenants the benefit of res ipsa loquitur. Similarly, as to the warranty count, I agree with the trial court “that once the tenant has established that his apartment is in a condition not compatible with the landlord’s implied warranty of habitability and that he (the tenant) is not responsible, the burden [of producing rebuttal evidence] shifts to the landlord... . ” See note 9 supra. I do not agree, however, with the trial court’s view that this burden requires the landlord “to show that a third party was responsible.” See note 8 supra. The court shifts the burden too far. Given that the duty underlying both the negligence and warranty counts is virtually the same (see Parts I, and II. supra), I conclude that the landlord, to defend against an alleged breach of warranty, need only produce evidence tending to prove that the landlord could not have known of the defect in the exercise of reasonable care. IV.

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