Limited Right to Re-Enter for Repairs Not Enough to Prove Premises Liability

What Happened: A business visitor who slipped on ice in the parking lot of a commercial building leased to Amazon sued the landlord for negligence in failing to ensure the lot was properly plowed. The defendant denied owing the visitor a duty of care because it leased the entire property to Amazon and thus didn’t have possession or control over the area where the accident occurred. The visitor disputed the claim, noting that the lease gave the landlord the right to reenter the property to make repairs, upon providing 10 days’ written notice to Amazon.   

Ruling: The Connecticut court ruled that the visitor didn’t have a legally valid claim against the landlord and dismissed the case without a trial. 

Reasoning: As in most states, the general rule of premises liability in Connecticut is that landlords owe a duty of reasonable care only for the parts of the property over which they retain control. The specific terms of the lease determine whether the landlord or tenant has control. 

The landlord in this case leased 100 percent of the premises to Amazon, as exhibited by the lease language and attached map. The lease also expressly made Amazon responsible for snow and ice removal for all parts of the premises except the roof. 

But the visitor’s attorney came to court prepared, citing a case where a landlord who assigned the tenant responsibility for keeping a sidewalk in good repair was still liable to a plaintiff who tripped over the sidewalk. Unimpressed, the court noted that there was a key difference in that other case—namely, the fact that the landlord reserved the right to change the sidewalk arrangement with the tenant at any time and for any reason. There was no such similar language in the Amazon lease regarding the parking lot. And the landlord’s limited right to reenter the premises to make repairs wasn’t nearly enough to show control for premises liability purposes.

• Colemen v. Donnelly Indus., 2025 Conn. Super. LEXIS 337, 2025 WL 602651