Lynch v. James, 44 Mass. App. Ct. 448 (1998)

Citation: Lynch v. James, 44 Mass. App. Ct. 448 (1998)
Parent Document: Lynch v. James, 44 Mass. App. Ct. 448 (1998)
Jurisdiction: Massachusetts (state)
Effective Date: 1998-03-19
Original Source: https://www.courtlistener.com/opinion/6585860/lynch-v-james/ ↗

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Perretta, J.
On August 7, 1991, the plaintiff, then three years old, fell from the window of her third-floor apartment and sustained serious and permanent injuries. She then brought this action, through her mother, seeking damages for breach of the warranty of habitability and violation of G. L. c. 93A, by reason of the defendant landlord’s failure to have installed window stops or guards on the windows of her apartment.2 A Superior Court judge entered summary judgment for the landlord, and the plaintiff appealed. We conclude that the absence of window *449stops or guards was neither a violation of promulgated minimum standards of habitability nor a condition sufficient to raise a question of fact as to the habitability of the apartment and affirm the judgment.

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