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Antonetti v. Curtiss-Wright Flight Systems/Shelby, Inc.

A-2368-99T5 (N.J. Super. App. Div. 2001) (Unpublished)

LANDLORD’S LIABILITY—Where a property is leased for the exclusive use of a tenant and no pertinent maintenance responsibilities have been reserved to the landlord, the landlord does not owe a duty of care to an employee of its tenant.

As she was leaving her job, an employee slipped and fell on snow and ice in the parking lot adjacent to her place of work. The property and the parking lot had a single owner and part of the property was leased to her employer. At the time, her employer had a snow removal contract. In fact, the lot had been plowed the day before the injury occurred, but ice had accumulated in the interim. She claimed that the property owner was liable to her because of the “generally applicable non-delegable landowner’s duty of care to [its] tenant’s employees.” Unfortunately for her, where a “property is leased for the exclusive use of the tenant and no pertinent maintenance responsibilities have been reserved to the landlord, the landlord does not owe a duty of care to an employee of a tenant.” Here, the property owner did not maintain control of the parking lot, but gave control to the injured worker’s employer through the lease provisions.


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