Asper v. Haffley
Nature of the Case
This lawsuit involved a dispute over landlord liability for negligence.
Facts
Joni Marie Asper died of smoke inhalation in a fire that occurred in an apartment which her father rented from Haffley (D). Haffley had converted the back portion of his business into an apartment and installed storm windows that could not be opened except by breaking the glass. When the fire occurred, Joni was the only person present and she was unable to exit through any doors because the fire blocked her only means. Evidence of bruises, abrasions and cuts on her hands and arms showed that she had made an unsuccessful attempt to break through the storm window in her bedroom to escape the fire.
The trial court in this wrongful death case granted Haffley’s motion for summary judgment and Asper appealed.
Issue
- Is a landlord subject to the duty of reasonable care upon proof of a breach of implied warranty of habitability?
Holding and Rule of Law
- Yes. A landlord is subject to the duty of reasonable care upon proof of a breach of implied warranty of habitability.
A landlord is under a duty of reasonable care to repair dangerous conditions upon his property. Under the implied warranty of habitability there exists a duty and a breach of that duty is actionable under negligence. A landlord must exercise reasonable care to repair any dangerous condition when that condition is a violation of an implied warranty of habitability.
Disposition
Reversed and remanded.
Concurring (Wieand)
I disagree that Asper must also prove a breach of the implied warranty of habitability in order to recover. A breach of a landlord’s obligation to provide safe and habitable premises gives rise to potential liability under an implied warranty and conventional negligence.