Richards v. Dahl

Plaintiff, defendants’ tenant, brought this action for damages for the death of her infant son who was killed in a fire in plaintiff’s apartment caused by an allegedly defective wall heater in that apartment. The trial court held there was no issue of fact and granted defendants’ motion for a summary judgment and entered judgment for defendants. The Court of Appeals affirmed without opinion. 43 Or App 691, 604 P2d 460 (1979). We reverse.

We have previously stated that the principles announced in the Restatement of Torts (Second) reflect our views of the law governing the liability of a…