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
Original Source: https://www.courtlistener.com/opinion/293553/john-joseph-clarke-jr-a-minor-by... ↗

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Finally, we turn to the question of appellee’s duty to maintain the premises under common law, apart from the requirements of the Housing Code and apart from any duty to use reasonable care to supply a safe appliance initially. Although on the facts presented this is an admittedly close question, we have concluded that as a matter of common law, the duty is placed on the appellee here because of the unusual circumstances surrounding the tenancy involved. We recognize, of course, that the general common law rule, both in this and in other jurisdictions, is that absent a duty assumed by contract, a landlord is liable for injuries resulting from defects on the leased premises only if he has retained a substantial degree of control over that portion of the premises where the defect occurs. 21

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