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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grady v. Randall, 755 S.W.2d 655 (1988)

Citation
Grady v. Randall, 755 S.W.2d 655 (1988)
Parent Document
Grady v. Randall, 755 S.W.2d 655 (1988)
Jurisdiction
Missouri (state)
Effective Date
1988-06-28

Full Text

1,124 chars
*657The warranty does not, as Tenant seems to contend, guarantee that a landlord can predict and prevent every problem arising from the world at large. The facts of this case are similar to the situation before the court in Henderson v. W.C. Haas Realty Management, Inc., 561 S.W. 2d 382 (Mo.App., W.D.1978). In Henderson, a defect in the wiring of an apartment building caused a fire which destroyed the building and personal property of the residents. The court held that there was no basis for holding the landlord liable for damage to the tenants’ personal property based on the implied warranty of habitability. Id. at 387. To find liability in the presept case would result in “imposing strict liability upon a non-builder landlord for latent defects, rendering the premises unsafe or dangerous, absent some actual or constructive notice or knowledge of the defects.” Id. Tenant did not provide evidence that she gave notice of any latent defect in the premises that would lead to flooding, nor did she show that Landlord had constructive notice of such defects and therefore knew or should have known of such defects.