You be the Judge: Commercial Building

If you own a commercial building, this may interest you.

A landowner owes a duty to people who are lawfully on his premises--he must protect them from dangerous conditions there.

In commercial leases, though, many landlords relinquish control of their premises to the tenant.  Such leases usually provide that the tenant alone controls the space he leases, whether it is the whole building, or only a designated part within it. 

In a recent case, a plaintiff was injured after falling on an interior stairway in an office building.  The stairway had no handrails.  The stairs had no variations in color.  Plaintiff sued the building owner, claiming the stairway had been improperly designed and maintained.  The owner denied liability, claiming the staircase had been built by a tenant who was exclusively responsible, under the lease, to maintain it.  

YOU BE THE JUDGE:  Is a commercial landlord responsible for injuries if a lease requires the tenant to maintain the premises?

The trial court granted judgment to the landlord because the landlord lacked control of the place where plaintiff was injured. 

The Appellate Division affirmed the judgment, but only in part.  The Court noted that plaintiff also had claimed the stairway was negligently designed.  While the tenant had built the stairway, the landlord had approved the designs for it.  Therefore, the landlord owed a duty to review  the plans with a reasonable view towards the safety of anticipated users.  Plaintiff was permitted to proceed to trial on the allegations of negligent design. 

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation.