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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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Even before the advent of the implied warranty of habitability applicable to residential leases, it was recognized that hotel proprietors have a special relationship with their guests that gives rise to a duty similar to that owed by common carriers “to protect them against unreasonable risk of physical harm.” (Rest.2d Torts, § 314A.) “The duty in each case is only one to exercise reasonable care under the circumstances. The defendant is not liable where he neither knows nor should know of the unreasonable risk . . . .” (Id.,