Case Law Summaries

Armstrong v. Petty Construction Co.

• Opinion Date: September 19, 2003
• Real Property Law
• E-Mail

LEASES; LANDLORD’S LIABILITY—An employee of a commercial tenant cannot hold the landlord liable for personal injury arising out of an injury suffered on the premises by reason of lack of proper maintenance where the lease unquestionably places the maintenance and repair obligation on the employer-tenant.

While “walking to her car, which was parked in an ‘employees only’ parking area,” a woman was injured because of a slip and fall on ice and snow on an internal driveway. The property was owned by a company that had leased the entire property to her employer. It never had “possession and control of any part of the property. In accordance with the terms of the lease, [her employer] had exclusive control of the property and exclusive responsibility for maintenance including snow and ice removal.” The lower court held that the property owner “had no responsibility for snow removal under the terms of the lease… .” Under New Jersey law, “an employee of a commercial tenant in exclusive possession of leased premises may not hold the landlord responsible for personal injury suffered on the premises, due to a lack of proper maintenance or repair, when the lease unquestionably places responsibility for the maintenance or repair solely upon the tenant.” It was disputed that the injured woman’s employer had such sole responsibility.

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