Owner Not Liable for Tenant's Dangerous Condition

Owner Not Liable for Tenant's Dangerous Condition

Facts: A restaurant that specialized in tea and tea-related merchandise rented space in a building from an out-of-possession owner that had a right under the lease to access the premises for making structural repairs. Prior to the restaurant's tenancy, there had been no service counter or way to access the basement from inside the space. The restaurant tenant paid to construct a service counter with a trapdoor hatch behind it leading to the basement. The service counter and trapdoor were approved by the local building department.

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