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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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the conclusion that landlords and hotel owners should not be held strictly liable in tort for injuries to tenants and hotel guests caused by defects in the premises. A landlord or hotel owner who rents dwellings or hotel rooms differs significantly from a manufacturer or retailer of a product. Manufacturers and retailers can be expected to possess expert knowledge concerning the product being produced or sold, but the same is not necessarily true of a landlord or hotel owner. As one commentator has observed: “[I]t is one thing to say that a landlord is an expert at leasing rental dwellings. It is quite another to say that a landlord possesses expert knowledge of the myriad of components which comprise the leased dwelling. Because of the practical impossibility of obtaining expert knowledge of all the components of an apartment, landlords must rely on others for their safe manufacture, installation and repair. In this respect, landlords are in no better position to know of defects than are tenants, yet they are held to the ultimate standard.” (Note, A