Question: Linda Schiernbeck rented a house from Clark and Rosa Davis

Linda Schiernbeck rented a house from Clark and Rosa Davis. Approximately one month after she moved in, Schiernbeck noticed a discolored area on one of the walls. There was a screw in the middle of this area. Schiernbeck determined that a smoke detector had been attached to the wall, but no smoke detector was present during the time she lived there. Schiernbeck later contended that she had notified the Davises about the missing smoke detector, but the Davises denied this. About 15 months after Schiernbeck's occupancy began, a fire broke out in the house. Schiernbeck and her daughter were severely injured. Contending that the Davises should have installed a smoke detector, Schiernbeck sued them for negligence and breach of contract. Did the Davises owe Schiernbeck a duty to install a smoke detector?

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  • CreatedJuly 16, 2014
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