California Supreme Court reverses itself on strict liability decision for owners of rental property.SACRAMENTO, Calif.--(BUSINESS WIRE)--Aug. 22, 1995--In reversing its own decade-old landmark decision A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue. that found owners of rental property strictly liable for injuries arising out of hidden defects in their property, the California Supreme Court issued a stunning ruling Monday -- one that will help assure that rental property owners "no longer need to fear that a lawsuit time-bomb is ticking away, without any way of defusing de·fuse tr.v. de·fused, de·fus·ing, de·fus·es 1. To remove the fuse from (an explosive device). 2. To make less dangerous, tense, or hostile: it," according to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. the immediate past president of the California Apartment Association (CAA Caa See CCC. ). The California Supreme Court ruled that it had previously erred in finding rental property owners strictly liable for hidden defects in their property. Under strict liability law, rental owners had been held responsible for those defects, irrespective of irrespective of prep. Without consideration of; regardless of. irrespective of preposition despite negligence. In a 34-page opinion, the court decided the case of Peterson v. The Superior Court of Riverside County, which involved a lawsuit filed against a hotel owner by a guest who was injured after falling in the bathtub. "The court not only refused to apply its 1985 decision in Becker v. the IRM (1) (Information Resource Management) See Information Systems and information management. (2) (Inherited Rights Mask) In NetWare 3.x and 4. Corporation, which applied to the operations of hotels and motels," said Ted Kimball Ted Kimball was a professional radio host in the Salt Lake City region. He was the first voice of the Mormon Tabernacle Choir broadcast "Music and the spoken word". In the early 1980's, Kimball worked as a part time radio host for KWHO-AM in Salt Lake City, a commercial fine arts , immediate past president of CAA and a partner in a statewide law firm specializing in landlord/tenant law. "It also completely reversed its earlier decision in that case, admitting that it had been an inappropriate application of the strict liability doctrine -- and furthur noting that no other jurisdictions in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. had followed California's lead in imposing strict liability on owners of hotels, motels or rental property." The sentiments of Kimball -- partner of Kimball, Tirey & St. John -- were echoed by Thomas Bannon, executive vice president of CAA, an organization of nearly 25,000 California rental property owners. "The decision gives our industry, and our customers, some tremendous incentives," Bannon said. "People will be less afraid of building, owning and managing rental property in California, and our customers will benefit because there will be more rental housing available. "As far as we're concerned, this is a win/win situation." Attorney Kimball noted that the California Supreme Court's decision -- "its first property rights case in years" -- means that owners of rental property will now be liable only for injuries "that could have been caused by their own negligence -- not by defects that the owner did not create or had no knowledge of." "The 10-year-old Becker case," he added, "was clearly inconsistent with what is reasonable to expect rental property owners to pay for." CONTACT: California Apartment Association Tom Bannon, 916/447-7881, ext. 202 |
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