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
Other Sections in This Document (20)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
- Fletcher v. Littleton, 68 Mass. App. Ct. 22 (2007)
Full Text
1,149 charsDiscussion. The plaintiffs argue that despite the defendant’s lack of actual or constructive knowledge of the risks posed, the use of knob-and-tube wiring with spray-in insulation in the house owned by the defendant constituted a per se violation of *25the warranty of habitability. “During the rental of any premises for residential purposes, whether pursuant to a written or oral lease and whether for a specified term or as a tenant at will, there exists an implied warranty of habitability requiring that the premises are fit for human occupation. This means that at the inception of the rental there are no latent [or patent] defects in facilities vital to the use of the premises for residential purposes and that these essential facilities will remain during the entire term in a condition which makes the property liveable.” (Quotations and citations omitted.) Jablonski v. Casey, 64 Mass. App. Ct. 744, 746 (2005). The Supreme Judicial Court has also held that breach of the implied warranty of habitability gives rise to liability for personal injuries caused as a result of the breach. See Crowell v. McCaffrey, 377 Mass. 443, 451 (1979).