The court noted that, since smoke detectors were required by law, failure to install them could be a negligent failure to maintain the property in a safe condition.
The court also emphasized that claims of negligence and negligence per se are significantly different claims. The court ruled that an amendment seeking to add a negligence per se claim to the Complaint after the expiration of the statute of limitation was barred as a matter of law where that particular claim did not relate back to another negligence claim pled.
The court also otherwise indicated that, to the extent that a claim for implied warranty of habitability was pled in a landlord-tenant personal injury context, only contract remedies would be available under that theory and not tort damages for personal injuries.
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I send thanks to Attorney James M. Beck of the Philadelphia office of Reed Smith for bringing this case to my attention.