Williams v. Tweed

I respectfully dissent. The majority opinion misconstrues the nature of the cause of action in this case. Although the initial construction of the septic system may have been an improvement to real estate under the statute, appellant has not claimed that the construction caused his injuries. Appellant’s claim arises from respondents’ concealment of a septic tank on their property that they knew or should have known constituted a dangerous condition. Concealment of a dangerous condition clearly does not fall within the definition of improvement as used within the statutory scheme.

An…