Landlord's failure to eliminate "spider infestation" is not actionable

Tracey Redman sued her landord after she suffered a second spider-bite in her apartment.  She alleged that the apartment was "infested" with spiders and that the landlords' failure to respond to the infestation breached their duty to provide her with premises "fit for the use intended."  The Court's opinion does not indicate the extent of Redman's injury, but judging by the outcome, we assume that her damages were insignificant.

The Court of Appeals concluded that "[t]hough a spider infestation may not be an 'ideal condition,' plaintiff failed to establish that it rendered the premises unfit as a dwelling."  If this really was an "infestation" and if Redman could document any serious consequence from the two bites in two months, we'd call the situation something less than "ideal."