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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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s rule of strict liability, the commentator observed: “When latent defects injure tenants, both landlords and tenants are innocent of any wrongdoing. The primary justification for shifting accident costs from innocent tenants to equally innocent landlords is ‘loss-spreading.’ The landlord has access to liability insurance, and thus, in theory, can spread the costs of injuries that would financially devastate an individual. In reality, however, insurance policies have limits, and, as in the hypothetical, holding landlords strictly liable sometimes substitutes one innocent victim for another.” (Comment,