Owner Not Liable for Tenant’s Flood Damage

Owner Not Liable for Tenant’s Flood Damage

Facts: The shopping center where a general store-type tenant rented space was damaged when the area experienced flooding. The tenant sued the owner of the shopping center, among other parties including the adjacent tenant (a grocery store) and the Federal Emergency Management Agency (FEMA). The tenant claimed that the owner could have taken measures to make the premises water resistant, such as caulking the exterior of the building and constructing a membrane around it. The owner asked the court for a judgment in its favor without a trial.

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