MOISES NARVAEZ, APPELLANT,
v.
PEDRO R. PESTANA AND ALBERTO DAIRE, APPELLEES
MOISES NARVAEZ, APPELLANT,
PEDRO R. PESTANA AND ALBERTO DAIRE, APPELLEES
780 So. 2d 267
Florida District Court of Appeal, Fourth District (2001)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Affirmed. By itself, a landlord’s right to enter the premises and make repairs under a lease does not constitute control of the premises só 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 875 (Fla. 1st DCA 1994).
We find no error in the points raised on appeal.
WARNER, C.J., FARMER and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Fla. Power & Light Co. v. Morris, 944 So. 2d 407 (Fla. 4th DCA 2006)…154-55. Further, even premises liability principles recognize that a landlord’s right to enter the premises does not, itself, constitute control of the premises so as to impose a duty on the landlord to protect third parties. See Narvaez v. Pestaña, 780 So. 2d 267, 268 (Fla. 4th DCA 2001) (finding right to enter does not create duty to protect tenant’s patrons from acts of third parties). This is because a landowner is not, by that status alone, [*414] responsible for injuries caused solely by a lessee’s oper…
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Keith R.E. Johnson & Krej Leasing, Inc. v. Akeefe Garrett, 386 So. 3d 1023 (Fla. 6th DCA 2024)…ablishing liability based on the lease provision allowing KREJ or its agents to enter the premises to inspect the property or make repairs. This does not constitute sufficient control for purposes of establishing liability. See Narvaez v. Pestana, 780 So. 2d 267, 268 (Fla. 4th DCA 2001) (“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…