17 results for 'cat:"Landlord Tenant" AND cat:"Negligence"'.
J. Moon grants the landlord's motion to dismiss negligence claims. A tenant suffering from multiple disabilities, including bipolar disorder, severe PTSD, depression, anxiety, and a cracked skull, acquired two service dogs that reduce the effects of her disabilities. The landlord told the tenant she could not have dogs resembling pit bulls, but she did not get rid of them because she needed them to manage her disability; they were not pit bulls, and her neighbors were not abiding by a “no pets” policy. Actionable negligence requires that there must be a legal duty, a breach of that duty and resulting injury that could have been reasonably foreseen by the exercise of reasonable care and under Virginia law, tort claims cannot be rooted in violation of a contractual duty.
Court: USDC Western District of Virginia, Judge: Moon , Filed On: April 17, 2024, Case #: 3:24cv6, Categories: landlord Tenant, Tort, negligence
J. Barringer finds that the court of appeal improperly ruled to reverse the trial court's ruling in this negligence complaint brought by a tenant against his landlord after he was burned from a gas explosion in the rental property. The tenant never gave the landlord any prior notice of the defect and the need for repairs in the home. Reversed.
Court: North Carolina Supreme Court, Judge: Barringer, Filed On: March 22, 2024, Case #: 28A23, Categories: landlord Tenant, negligence
J. Deahl finds the lower court improperly dismissed a tenant's negligence action against his landlords based on the alleged theft by contractors whom the landlords had allowed into his apartment. He was not required to show heightened foreseeability, as he sufficiently pleads they unlocked his front door and did not monitor people entering and leaving the unit. Reversed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: November 22, 2023, Case #: 21-CV-0546 , Categories: landlord Tenant, negligence
[Modified.] J. Gilbert deletes the word "toxic" in several places with no change in judgment. The trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: November 9, 2023, Case #: B321616, Categories: landlord Tenant, negligence, Experts
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J. Gilbert finds that the trial court should have allowed a tenant's expert to testify about whether she was harmed by exposure to toxic mold in her apartment. He was board-certified in allergies and immunology and supported his theory with a differential diagnosis of her illness, knowledge that her home was contaminated, a consideration of the timing of the onset of symptoms and an elimination of other potential causes. Reversed.
Court: California Courts Of Appeal, Judge: Gilbert, Filed On: October 16, 2023, Case #: B321616, Categories: landlord Tenant, negligence, Experts
J. Lewison finds a lower court properly dismissed a tenant's contract claims against a property owner. The tenant argued that the property owner wrongfully denied it a new lease, in violation of the Landlord and Tenant Act. However, the property owner sufficiently showed in court that the tenant failed to timely pay rent and refused to maintain the premises. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Lewison, Filed On: October 12, 2023, Case #: CA-2023-285, Categories: landlord Tenant, negligence, Contract
J. Lee finds that there was spoliation of evidence in this personal injury lawsuit alleging that an apartment tenant was burned due to the temperature of the water in the bathtub, after a repairman had worked on the hot water heater. Specifically, the "rotational limit stop" device on the faucet was adjusted after the alleged burn incident, without the defendant company's "knowledge or presence." However, the proposed sanctions "all go too far." Accordingly, the parties should confer and propose a limiting jury instruction.
Court: USDC Eastern District of Tennessee , Judge: Lee, Filed On: August 28, 2023, Case #: 1:22cv273, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Evidence, landlord Tenant, negligence
J. Pipkin finds that the trial court properly ruled in favor of the landlord on the tenant's negligence and trespass claims arising from a dispute over remediation efforts for water intrusions and mold growth on the leased premises. However, the trial court incorrectly found in favor of the landlord on the tenant's breach of contract and attorney fees claims. A section of the lease governing the tenant's installation of fixtures does not apply to the breach of contract issue related to work performed by the tenant on the ceiling. An issue of material fact exists as to the claim which must be decided by a jury. Reversed in part.
Court: Georgia Court of Appeals, Judge: Pipkin, Filed On: June 27, 2023, Case #: A23A0276, Categories: landlord Tenant, negligence, Contract
[Consolidated.] J. Wilson finds that the appellate division properly declined to find for the housing authority in claims brought after a tenant died by immolation at the hands of a former paramour who purportedly gained access to the building through an exterior door with a malfunctioning lock. In a similar appeal, the appellate division improperly found for the housing authority when a tenant was shot point-blank in retaliation for a prior altercation with residents from a neighboring housing complex, who also gained access by a malfunctioning exterior door. Claims that the victims had been targeted did not absolve the housing authority of its duty to provide minimum security against criminal acts by intruders, and questions of fact remained as to how the authority's actions may have contributed to the victims' injuries. Affirmed in part.
Court: New York Court Of Appeals, Judge: Wilson, Filed On: May 23, 2023, Case #: 36, Categories: landlord Tenant, negligence