The Restatement (Second) of Torts has saved a Pennsylvania man’s claim against his landlords as the state Superior Court has ruled that an apartment tenant did not assume the risk associated with a nighttime fall off his driveway, where he apparently already knew the pavement was not level.
In Longwell v. Giordano, James Longwell’s lawsuit against his landlords, Joseph Giordano Jr. and Beth Giordano, was based on a legal theory supported by the Restatement (Second). The unanimous three-judge panel recognized, as it has before, that Section 360 of the Restatement (Second) holds landlords to a different standard than that to which businesses are liable to their invitees.
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