The Rhode Island Supreme Court ruled in favor of commercial property owner. Plaintiff/Appellant had sued commercial property owner after an injury on the property. The Supreme Court reviewed the Superior Court’s ruling granting Summary Judgment. In its opinion the Court sided with the property owner. The property had been leased and as part of the lease agreement, the lessee was responsible for the maintenance and repairs of the property. The property owner’s argument that none of the three exceptions, (1) that its lease with Healthtrax did not require it to repair and maintain the premises; (2) that plaintiff‟s injury was not caused by a latent defect, and (3) that HCP did not assume a duty to repair the premises, applied in this case was upheld. See full opinion: Berard v. HCP, Inc.
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