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Moore V. Hambricks Case

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In February 1998, Sutton Moore fell through a deck when he was visiting Jonathan and Kelly Hambrick. Moore was a guest of the Hambricks who rented a house, that was owned and maintained by Dennis Huard and his spouse.
The Huards indicated that they maintained the deck regularly, claiming to replace rotten posts in 1995, and a broken step in 1997. The Hambricks had not noticed or reported any problems with the deck, so Moore sued the Huards for negligence.

STATEMENT OF LEGAL ISSUE

Were the defects of the rotten deck disclosed to the Hambricks?
LEGAL ARGUMENT OF THE HAMBRICKS
The Hambricks argued that the disclosure of all major/minor defects was improper.
In support of their argument, the Hambricks mentioned that neither Dennis nor his …show more content…
Which means that if a landlord leases residential property, he is responsible for ensuring that the property is habitable. The implied warranty of habitability also includes that the landlord must make certain repairs to the premises. In other words the landlord is responsible for repairs to major defects in the rental property.
The case states that the Huards owned and maintained the home, that was leased to the Hambricks. So the Huards in fact are the landlords of the property, and as the landlords they’re responsible for repairs to common areas of the leasehold estate. The deck should be considered a common area, because this isn’t a condominium. With that being said we’re done determining who had the responsibility of maintaining/repairing the deck.
The Huards were in fact obligated to repair the deck when they were notified. The text doesn’t say if they were notified or not, so we must figure out was the defect disclosed or not when the Hambricks were looking at the rental property. The fact that the Huards indicated they maintained the deck regularly, having replaced rotten posts in 1995 and a broken step in 1997 indicates that the Huards knew they were responsible for the deck. This would mean that the Huards in all honesty must’ve not known the deck was going to fully break down, leaving one question would a normal …show more content…
This law should have a direct effect on the decision of liability in this case, because the Huards should’ve known about the rotten deck, even if they truly didn’t.
In result, I believe Sutton Moore won and was granted for the injuries that occurred on the property that Dennis Huard and his spouse owned and were responsible for maintaining. Simply because, the defects were not disclosed to the Hambricks so they cannot be held liable for the injuries to their guest. Sutton Moore was a valid guest of the tenant, so she also cannot be held liable for the injuries resulting from the collapse of the rotten deck.
The Huards owe a statutory duty to tenant’s guests (Sutton Mooree) under Tenant law, and that is to keep common areas safe. The contractual duty of maintenance must not be breached. The only limitation is that the guests must be properly on the premises, Sutton Moore was a guest of the tenant meaning she was properly on the premises. The Hambricks could’ve had easily won a suit for a breach of contract, because the landlord failed to keep the premises in safe and sanitary condition. Also because the defects of the rotten deck was not likely discoverable through a reasonabe careful inspection. In conclusion the duty of safety was breached to the guests of the tenant. With these facts brought to litigation,

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