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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On the record here, the plaintiff-tenants should have had the benefit of res ipsa loquitur. See generally Annot., 91 A.L.R.3d 186 (1979). First, an apartment flood through the ceiling does not ordinarily occur in the absence of negligence. Although it is not clear whether the ultimate cause of the flood was negligence, I believe the trial court would have to find that such an event ordinarily would not occur without negligence on someone's part. See, e.g., Powers v. Coates, 203 A.2d 425, 428 (D.C.1964) (flooding of house due to frozen pipes is an event that would not ordinarily happen *55 "unless through negligence proper precaution is not taken to prevent it"); Wardman v. Hanlon, 52 App.D.C. 14, 280 F. 988, 992 (1922) (where scalding water from toilet tank pours out and burns plaintiff, the accident and the circumstances give "ground for a reasonable inference that, if due care had been employed, . . . the thing that happened amiss would not have happened"); Juchert v. California Water Service Co., 16 Cal.2d 500, 514, 106 P.2d 886, 894 (1940) ("[I]t is a matter of common knowledge that in the ordinary course of things water mains do not break if those having the management thereof use proper care"); Schon v. James, 28 So.2d 531, 533 (La.App. 1946) (res ipsa loquitur applies where hot water heater leaks through second floor and floods first floor; "the burden is on the defendant to prove that the defect was latent and could not have been discovered by such careful examination as a reasonably prudent owner should give to such an appliance"); Rindler & Wiler, Inc. v. Blockton Realty Corp., 205 Misc. 355, 357, 128 N.Y. S.2d 417, 419 (N.Y.Sup.Ct.1954) (where valve on water pipe in defendant's building breaks and water floods plaintiff-tenant's premises, "this kind of accident is within the rule [of res ipsa loquitur]"); Washington v. Ravel, 14 S.W.2d 367, 368 (Tex. Civ.App.1929) ("The flooding of a lower floor by water escaping from the upper floor through the ceiling is something that does not happen in the ordinary course of things if those in possession and control of the upper floor exercise proper care").[7]But see Ford v. District of Columbia, 190 A.2d 905, 907 (D.C.1963) (res ipsa loquitur did not apply where plaintiff offered no evidence as to probable cause of water main break but offered only the fact that the water main broke and damaged her property).

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