Horvath v. Burt

Respectfully, I dissent. Horvath seeks reversal principally on the grounds that the district judge erred in instructing the jury on (1) the landlord’s duty to repair the premises and (2) in giving the jury a contributory negligence instruction. In my opinion, the court did not commit reversible error.

1. Horvath claimed that a landlord’s liability for injuries sustained by tenants due to defects in the leased premises should be predicated on strict liability rather than negligence. The trial judge rejected the strict liability theory and instructed the jury that the landlord’s liability was…