Tenant Not Liable for Accident in Parking Lot Under Landlord’s Control

January 30, 2024

What Happened: An exterminator working for Best Buy suffered serious injury after slipping and falling in the store’s icy parking lot. He sued Best Buy and the landlord that owned the property for negligence. Best Buy denied responsibility for maintaining the parking lot in safe condition because the property was under the landlord’s control. So, it moved for summary judgment.  

Ruling: The Connecticut court granted the motion and dismissed the victim’s case against Best Buy without a trial.  

What Happened: An exterminator working for Best Buy suffered serious injury after slipping and falling in the store’s icy parking lot. He sued Best Buy and the landlord that owned the property for negligence. Best Buy denied responsibility for maintaining the parking lot in safe condition because the property was under the landlord’s control. So, it moved for summary judgment.  

Ruling: The Connecticut court granted the motion and dismissed the victim’s case against Best Buy without a trial.  

Reasoning: Landlords and tenants owe their business invitees a duty of reasonable care, but only as to those parts of the property over which they retain control. The lease in this case expressly made the landlord responsible for the maintenance, repair, and upkeep of all parking areas and gave Best Buy only a nonexclusive right to use the common areas in common with other tenants of the shopping center. The lease also made the landlord responsible for snow and ice removal in the parking areas. These provisions cut the legs out from under the victim’s contention that Best Buy had possession and control over the parking lot. Result: While he could still sue the landlord, the victim didn’t have a valid negligence claim against Best Buy.

  • Torti v. Best Buy Stores, Ltd. P’ship, 2023 Conn. Super. LEXIS 3127, 2023 WL 8432030

 

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