Trimarco v. Klein - decide. And the jury must weight that...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Trimarco v. Klein 56 N.Y. 2d 98 (1982) Fact: Operative Facts: A tenant was stepping out of his shower, as the shower glass door shattered, serverly injuring him. The Landlord did not replace the shower glass door with a shatter proof glass. Landlords, as a common practice, has been using shattered proof glass as glass doors. Issue: Whether a failure to adhere to a common practice, cause the defendant to be liable of negligence. Rule: Negligence is when a person fails to emit not only a standard duty of care, but to create unnecessary risks that society is not willing to accept Rational: Whether or not a shatter proof glass replacement was a common practice is up to the jury to
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: decide. And the jury must weight that fact with the facts of the case, and of the defendant to see whether he had a duty to replace the glass door with a shattered proof glass door. Holding: Broad: Narrow: A landlord maybe liable for not adhering to standard practices of the profession of making the residence more safe, if the landlord had a duty of care to make the change. Synthesis: There is a custom. The custom was not followed by this one landlord. (existence & whether custom is reasonable). Dissent/Concurrences:...
View Full Document

This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

Ask a homework question - tutors are online