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Case Citations [1] (July 2020 - August 2021)

handle is hein.ali/resdplltnt0038 and id is 1 raw text is: PROPERTY 2D: LANDLORD AND TENANT PART VI. TORT LIABILITY OF LANDLORD CHAPTER 17. LIABILITY FOR PHYSICAL HARM TO PERSONS ON THE LEASED PROPERTY § 17.3 Parts of Leased Property Retained in Landlord's Control Which Tenant Is Entitled to Use Ariz.2021. Corns (a) and (h) cit. in sup.; illus. 14 cit. in sup. Invitee sued sublessees of commercial building, alleging that defendants breached their duty of care towards plaintiff when defendants were repairing the building's roof, because plaintiff fell through a rooftop skylight and sustained injuries. The trial court granted defendants' motion for summary judgment. The court of appeals affirmed in part as to one sublessee and reversed and remanded as to the other. This court affirmed in part, reversed in part, and remanded, holding, inter alia, that defendants did not owe plaintiff a duty of care to keep the roof in a reasonably safe condition, because defendants did not have the legal right to possess the roof or exercise physical control over it while making rooftop repairs. Citing Restatement Second of Torts § 360 and Restatement Second of Property: Landlord & Tenant Law § 17.3, the court explained that the lessor of the premises was the person who remained liable for unsafe conditions on the roof outside the scope of defendants' repair work, because the roof was a common area. Dabush v. Seacret Direct LLC, 478 P.3d 695, 699. COPYRIGHT ©2021 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI