Center Not Liable for Child's Injuries in Parking Lot

A child fell out of a shopping cart when it hit a crack in the pavement of the tenant's parking lot. Since the tenant had filed for bankruptcy, the child's parents sued the center, claiming that it had negligently maintained the parking lot. The center asked the court to dismiss the lawsuit, arguing that the tenant—not the center—was responsible for maintaining the parking lot.

A federal court in Massachusetts dismissed the lawsuit against the center. The lease said that the tenant was responsible for maintaining the space, which included the “Land and Improvements, and all sidewalks and curbs appurtenant.” The court concluded that, according to this statement, the tenant was responsible for maintaining the parking lot. Since the center had no duty to maintain the parking lot—and had, in fact, never repaired or performed maintenance on the parking lot—it couldn't be held liable for the child's injuries, the court said [Cardinal v. Daniel G. Kamin Palmer, LLC].