Author: Sarah Kolvas

Is a landlord liable for accidental deaths on their rental property when they do not install safety features around a swimming pool?

Facts: A landlord purchased a single family residence (SFR) which included an in-ground swimming pool in the backyard. The pool complied with all safety codes when it was built 25 years prior, but the landlord did not later modify it or install a security gate around it. The landlord later rented the property to a tenant. A guest of the tenant visited the home with their 4-year-old grandchild, and left the only door leading from the home to the pool open. The door did not have a self-closing mechanism. The child fell into the swimming pool and drowned.

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Does an easement granting a right of ingress and egress to access a public road create a public right-of-way and authorize construction of improvements in the easement area and use by the public?

Facts: An owner’s parcel of land was subject to a recorded easement benefitting an adjacent parcel as an appurtenant right for ingress and egress, and “public road purposes” to allow the neighbor access from their adjacent parcel to a public road. The neighbor later constructed a multi-family project on the adjacent parcel. Utilities and roadway improvements were constructed in the easement area for use by the occupants of the project.

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Does a right to repair addendum in a purchase agreement entitle a builder to notice of a defect prior to a home insurer’s repair efforts?

Facts: A property owner purchased a new home from the builder. The purchase agreement included a right to repair addendum requiring the builder to repair or pay for any defect on the property on notice of the defect from the owner. The owner later discovered water damage from a leak in the home and submitted a claim to their home insurer to repair it. After the insurer completed the repairs, the insurer sent notice to the builder of the defect and of the insurer’s intent to recover costs from the builder.

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