 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rodriguez v. Providence Housing Authority6/9/2003
685 (R.I. 1994)). "Whether a duty exists in a particular case is a question of law for the trial or motion justice." Id. While a "landlord, is not a guarantor for the safety of those persons who might be expected to come upon its property[,]" Terry v. Central Auto Radiators, Inc., 732 A.2d 713, 716 (R.I. 1999) (per curiam), it does have a "duty to ' ake all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.' " Errico v. LaMountain, 713 A.2d 791, 794 (R.I. 1998) (quoting G.L. 1956 § 34-18-22(2)). In the case before us, the record reveals that the Housing Authority did all that it reasonably could to accommodate decedent's request for a timely transfer by placing him on a waiting list because no appropriate apartments were available in the housing complex. The plaintiffs allege that there is no evidence that the Housing Authority either looked for an apartment in its other housing complexes or that it ever attempted to provide an alternate remedy. Even if these allegations are true, the Housing Authority had no duty to make such provisions. The plaintiffs concede that the staircase was not defective; thus, it did not contribute to decedent's fall. Since the apartment was in a fit and habitable condition, the Housing Authority fulfilled its duty as a landlord under § 34-18-22(2).
Accordingly, and for the foregoing reasons, the appeal is denied and dismissed. The Rule 54(b) summary judgment is affirmed and the papers are remanded to the Superior Court.
Page 1 2 Rhode Island Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|