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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)

Citation
Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
Parent Document
Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
Jurisdiction
Massachusetts (state)
Effective Date
2007-01-04

Full Text

839 chars
The plaintiffs argue on appeal, as they did at trial, that a cause of action for the breach of the implied warranty of habitability resulting from a hidden defect on the premises and resulting in death or injury does not require a finding of negligence in order to recover damages. Specifically, the plaintiffs argue that the defendant was in violation of the relevant State codes and that the violations resulted in the deaths and injuries of the children. Such code violations, they argue, breach the warranty of habitability; further, the plaintiffs contend that fault, or a showing of negligence, does not belong in an analysis of the warranty. We conclude that the record does not support any finding that the wiring and insulation violated any provisions of the State building, electrical, or sanitary codes. We affirm the judgment.3