Indiana Appeals Court Affirms that Implied Warranty of Habitability Does Not Give Rise to Personal Injury Cause of Action

INDIANAPOLIS - A woman who became ill after inhaling fungal spores was denied reimbursement for medical expenses when an Indiana appeals court affirmed Jan. 15 that the implied warranty of habitability between landlord and tenant does not give rise to a cause of action for personal injury. Linda K. Schuman, Appellant-Plaintiff v. Ernest M. Kobets & Susan G. Kobets d/b/a Lynnleigh Apartments, Appellees-Defendants, No. 49A05-0103-CV-91 (Ind. Ct. App., 5th Dist).

According to the decision, although there has been a movement toward implied warranty of habitability in the context of residential leases, personal injuries are not recoverable under that theory because …