In a significant new California Supreme Court...

In a significant new California Supreme Court decision, a landlord was held strictly liable for a latent defect existing at the time the property was leased.

The tenant fell against an untempered-glass shower door while taking a shower. The door shattered and injured him severely.

The defendant had acquired the property about 10 years after it had been constructed.

In some of the 36 units, the shower doors were made of tempered glass while others had untempered glass. The appearance of each was identical except for a very small mark in the corner of each piece of glass.

The landlord contended that the defect was latent, i.e., not open and obvious. Under the theory of strict liability, however, liability is imposed for a defective condition causing bodily injury regardless of fault on the part of the owner or manufacturer.

In this case, the court extended liability to all those involved in the “overall producing and marketing enterprise.” That is, liability is apparently now extended to any person involved in the stream of commerce of a defective product. The court held that landlords are part of the “overall producing and marketing enterprise” that makes housing available to renters.

California for many years has recognized a warranty of habitability. In other words, the landlord by law warrants that the property is safe and livable. This decision, however, in effect, gives the tenant a cause of action for monetary damages for physical injury regardless of fault by the landlord. The exception seems to be that the defective condition must have existed at the time the property was leased to the injured tenant.

The court seems to feel that the landlord can better protect himself than the tenant because the landlord can insure against risks of this type.

A word to landlords: When you obtain liability insurance, you should be certain that it covers strict liability for latent defects. This may cost more in insurance premiums, but certainly will provide some peace of mind.