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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Peterson v. Superior Court, 899 P.2d 905 (1995)

Citation
Peterson v. Superior Court, 899 P.2d 905 (1995)
Parent Document
Peterson v. Superior Court, 899 P.2d 905 (1995)
Jurisdiction
California (state)
Effective Date
1995-08-21

Other Sections in This Document (225)

Full Text

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10 Cal.3d 616, 619.) But deriving from this implied warranty an obligation on the part of the landlord to insure the safety of leased premises by imposing strict liability for injuries to tenants caused by defects in the premises goes far beyond this laudable goal. Rather than restore the parties to a reasonable balance, the doctrine of strict liability places an undue burden upon the landlord—regardless of fault or ability to avoid injury. Rather than obligate the landlord to promptly repair defects of which the landlord knows or should know, the doctrine often will impose an onerous burden to discover and correct defects that would not be disclosed by a reasonable inspection. Rather than obligate the landlord to comply with applicable housing codes 10