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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) 5.
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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5. Rule that the landlord, because of its system-wide control of the plumbing, must present evidence sufficient to rebut the inference from this record that the landlord knew, or in the exercise of reasonable care could have known, of the defect causing the injury. Otherwise, the landlord runs the risk of an adverse judgment on the basis of the tenant's prima facie case. It does not matter whether we use res ipsa loquitur and attach this argument to the negligence analysis, or simply say that, under both negligence and warranty theories, absent tenant responsibility for the injury this rebuttal burden is on the landlord when injury is attributable to plumbing, over which the landlord has system-wide control (cf. common areas).