The Supreme Court of New Jersey recently issued a landmark decision on the extent of the duty a commercial property owner has to maintain a leased property. The case is Shields v. Ramslee Motors, No. A-53, 2020 N.J. LEXIS 17 (Jan. 23, 2020).
The plaintiff, Baldwin Shields, delivered an envelope to Ramslee Motors, a used car dealership. Shields slipped and fell on snow and ice on the driveway and suffered injuries. The driveway was adjacent to a public sidewalk, but the two were separated by a fence.
Ramslee Motors leased the dealership property from a landlord. The lease agreement provided that "TENANT shall be solely responsible for the maintenance and repair of the land and any structure placed on the premises . . . as if TENANT were the de facto owner of the leased premises." The lease also reserved the right for the landlord to enter the premises for inspection and repair purposes, as well as the right to enter the premises in event of an emergency. The owner of Ramslee Motors testified that he was responsible for clearing snow and ice at the property and he had the equipment necessary to do so.
Shields filed a complaint against Ramslee Motors and the landlord of the property, and settled with Ramslee Motors. The landlord moved for summary judgment, and the trial court granted the motion. The Appellate Division reversed, finding that the lease was silent as to who was specifically responsible for snow and ice removal, and also found that no "distinction between a sidewalk and an open driveway used with regularity," the Appellate Division held that the landlord had a non-delegable duty to make sure the driveway was clear of snow and ice.
The Supreme Court held that the lease agreement directly addressed which party had the responsibility to maintain the property, and that maintenance included snow and ice removal. The duty to remove snow and ice fell solely to Ramslee Motors, based either on common law or the lease. Ramslee Motors held complete control over the premises where Shields fell, and was exclusively responsible for his injuries. The Court declined to hold the landlord responsible for property over which he had specifically relinquished control.
Editors Note: In this case, the commercial landlord was found to be not responsible for a slip and fall on his commercial property due to snow and ice because the lease made it clear that the commercial tenant had control of the property. Simply, a commercial landlord does not owe a duty of care to an invitee under circumstances as depicted above.
The appellate court found differently because the lease agreement did not speak specifically to ice and snow, but the NJ Supreme Court found that the important language, that the tenant shall be solely responsible for the maintenance and repair of the land as if the tenant were the de facto owner of the premises, meant that Ramslee Motors was responsible for that maintenance, despite no mention of snow or ice removal, and regardless of the provision that stated that the landlord could enter the premises to maintain and repair the property.
To avoid similar litigation, make sure all contracts specifically state which parties are responsible for all maintenance and repairs.