RAUL ARIAS
v.
CODEALTEX, LLC
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A landlord who has delivered possession and control of leased premises to a tenant has no duty to maintain the premises or machinery and is not liable for injuries to the tenant or those on the premises with the tenant's permission.
[1] Premises liability is predicated on the right to control access to property rather than property ownership, and a landlord's duty to protect invitees from dangerous condi…
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Join FLexlaw to unlock all legal intelligence“once a landlord delivers possession and control of the leased premises . . . to the tenant, the landlord is not liable for injury to the property or person of the tenant or those on the premises with the permission of the tenant”
Court cited Russ v. Wollheim to establish the rule that landlord liability terminates upon transfer of possession and control
Raul Arias was injured operating machinery at his workplace, Excel Converting, Inc., which leased its premises from Codealtex, LLC. Arias sued Codealt…
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Opinion filed March 13, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-2160 Lower Tribunal No. 21-2883
________________
Raul Arias, et al.,
Appellants,
vs.
Codealtex, LLC,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge. Law Offices of Charles M-P George, and Charles M-P "Chip" George; and Florida Legal, LLC, and Raymond R. Dieppa, for appellants. Mintzer, Sarowitz, Zeris, Ledva & Meyers, LLP, and Steven Mitchel and Lianet Rodriguez Quindemil, for appellee. Before LINDSEY, MILLER, and LOBREE, JJ. PER CURIAM.
Appellant Raul Arias was injured while operating machinery at his place of employment, Excel Converting, Inc. Excel leased the premises where Arias was injured from Codealtex, LLC. Arias sued Codealtex,
alleging it had a duty to maintain the premises and specifically the machinery on which he was injured. Codealtex moved for summary judgment below,
which the trial court granted. Arias timely appeals.1
We affirm. “[O]nce a landlord delivers possession and control of the leased premises . . . to the tenant, the landlord is not liable for injury to the property or person of the tenant or those on the premises with the permission of the tenant . . . .” Russ v. Wollheim, 915 So. 2d 1285, 1287 (Fla. 2d DCA
2005) (quoting Veterans Gas Co. v. Gibbs, 538 So. 2d 1325, 1327 (Fla. 1st
DCA 1989)); see also Bechtel Corp. v. Batchelor, 250 So. 3d 187, 196 (Fla.
3d DCA 2018) (“‘Premises liability is not predicated on ownership of the property;’ instead, the ‘duty to protect others from injury resulting from a dangerous condition on the premises rests on the right to control access to the property.’” (quoting Welch v. Complete Care Corp., 818 So. 2d 645, 649 (Fla. 2d DCA 2002))).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Veterans GAS Co. v. Gibbs, 538 So. 2d 1325 (Fla. 1st DCA 1989)
- Welch v. Complete Care Corp. & Prof'l Bus. Owners Ass'n, Inc., 818 So. 2d 645 (Fla. 2d DCA 2002)
- Bechtel Corp. v. Batchelor, 250 So. 3d 187 (Fla. 3d DCA 2018)
- Russ v. Wollheim, 915 So. 2d 1285 (Fla. 2d DCA 2005)