In Green v. Superior Court, the California Supreme Court held that a "warranty of habitability is implied by law in residential leases in this state and that the breach of such a warranty may be raised as a defense in an unlawful detainer action. This Comment considers the implications of this holding in regard to a landlord's liability in tort. It also briefly discusses the common law rules concerning landlord tort liability and then considers whether the California Supreme court will continue to follow these rules. Finally, this Comment suggests that the Green decision, when read in light of other recent California decisions, forecasts the imposition of strict liability on commercial lessors of residential property.
James J. Thomson Jr.,
Landlord Tort Liability in California: Are the Restrictive Common Law Doctrines on Their Way Out?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol12/iss2/12