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Landowner’s lease agreement with another entity does not abrogate landowner’s duty to its customers to keep premises safe.

April 1, 2017
Ridgeway v. Acme Mkts., No. N16C-10-183 JAP, 2017 Del. Super. LEXIS 93 (Del. Super. Ct. Mar. 1, 2017)

The plaintiff slipped and fell on ice while visiting Acme in the Fox Run Shopping Center. The defendants, Acme and Fox Run, sought dismissal of Acme and its owner Albertsons because the lease agreement between Acme (tenant) and Fox Run (landlord) made Fox Run responsible for clearing snow and ice in the parking lot. The court denied the motion, holding that the duty Acme owed to the plaintiff was independent of its contractual relationship with Fox Run. Acme owed a common law duty of care to its customers to keep its premises safe.

 

Case Law Alerts, 2nd Quarter, April 2017

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2017 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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