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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

John Joseph Clarke, Jr., a Minor, by Muriel Clarke, His Mother and Next Friend, and Muriel Clarke v. Dagmar O'COnnOr, 435 F.2d 104 (1970)

Citation
John Joseph Clarke, Jr., a Minor, by Muriel Clarke, His Mother and Next Friend, and Muriel Clarke v. Dagmar O'COnnOr, 435 F.2d 104 (1970)
Parent Document
John Joseph Clarke, Jr., a Minor, by Muriel Clarke, His Mother and Next Friend, and Muriel Clarke v. Dagmar O'COnnOr, 435 F.2d 104 (1970)
Jurisdiction
DC (municipal)
Effective Date
1970-10-15

Other Sections in This Document (88)

Full Text

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We think that under the circumstances here such a narrow view of the scope of a landlord’s duty is unwarranted. Rather, we find that on the facts of this case, there are at least three bases for establishing that the landlord had a duty to use reasonable care with respect to providing, installing, and maintaining the fan. We do not here find that the landlord breached such a duty; that question is for the jury. We merely hold that the jury should have been permitted to decide the issue of the landlord’s asserted negligence. A. Duty to Provide Originally Safe Equipment