Question

Your company owns a strip mall and rents space to various businesses, ranging from a barber shop to a furniture store. Having never had issues in the past, your lease agreements are silent as to any obligations to maintain and repair common areas. One day, a regular customer of the strip mall decided to purchase a large recliner from the furniture store. When attempting to carry the recliner to his truck by himself, he tripped and fell on the sidewalk which resulted in severe injuries. When you arrived at the scene, it became clearly apparent that the customer had tripped over a 2-inch rise in a broken slab, most likely created by a freezing and thawing cycle. The furniture store owner supported this conclusion and further stated that he had been aware of the sidewalk's condition for several months. What is your liability and the liability of the other parties?

Answer 1

Your company owns a strip mall and rents space to various businesses, ranging from a barber shop to a furniture store. Having never had issues in the past, your lease agreements are silent as to any obligations to maintain and repair common areas.

The liability will be jointly severally liable between my company and the vendors with whom I have lease agreements with. Otherwise my company will be totally liable for the injuries cased for the given problem. and henceforth make sure maintain and repair are included in the agreements as to who will do the same. Thus the furniture store owner can not blindly conclude and throw the blame on my company. It will be jointly and severally liable between my company and the furniture store.

One day, a regular customer of the strip mall decided to purchase a large recliner from the furniture store. When attempting to carry the recliner to his truck by himself, he tripped and fell on the sidewalk which resulted in severe injuries. When you arrived at the scene, it became clearly apparent that the customer had tripped over a 2-inch rise in a broken slab, most likely created by a freezing and thawing cycle. The furniture store owner supported this conclusion and further stated that he had been aware of the sidewalk's condition for several months.