Summary
finding right to enter does not create duty to protect tenant's patrons from acts of third parties
Summary of this case from Florida Power Light Co. v. MorrisOpinion
No. 4D00-2776.
Opinion filed February 28, 2001.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Thomas M. Lynch, IV, Judge; L.T. Case No. 98-17758 11.
Richard A. Barnett of Richard A. Barnett, P.A., Hollywood, and Diana Santa Maria of Diana Santa Maria, P.A., Fort Lauderdale, for appellant.
Rhea P. Grossman of Carman, Beauchamp, Sang Topkin, P.A., Boca Raton, for appellees.
Affirmed. By itself, a landlord's right to enter the premises and make repairs under a lease does not constitute control of the premises so as to impose on the landlord a duty to protect a tenant's patrons from the criminal or even negligent acts of third parties on the premises. An owner is not responsible for injuries to persons caused solely by the lessee's operations and activities. Cf. Craig v. Gate Maritime Properties, Inc., 631 So.2d 375 (Fla. 1st DCA 1994).
We find no error in the points raised on appeal.
Warner, C.J., Farmer and Shahood, JJ., Concur.