Joyner v. Aetna Casualty & Surety Company

TATE, Justice.

1?he determinative issue before us concerns the liability of a contractor to an otvn'er for a premise defect which develops shortly after the construction contract is cofilpleted; more particularly, the burden upon'either or both of these parties to prove whether such a defect resulted from a construction fault (for which the contractor is liable to the owner), or instead from .-misuse after completion of the contract and 'delivery of the premises to the owner (for which the owner bears the loss).

We granted certiorari, 257 La. 260, 242 So.2d 242 (1970), to review the dismissal…