U.S. Bank N.A. v. Zapata

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that \the great majority of other jurisdictions ... hold that a lessee in a multi-tenant shopping center does not have a duty to maintain common areas controlled by the landlord\
• stating that “the rule adopted by the great majority” of jurisdictions is that “a lessee in a multi-tenant shopping center does not have a duty to maintain common areas controlled by the landlord”
• observing that, although a shopping center tenant derives a benefit from the parking lot and a duty would incentivize the tenant to prevent dangerous condi tions, “countervailing policy considerations weigh more heavily against imposition of a duty”
• outlining the policy reasons against the imposition of a duty on tenants in a multi-tenant shopping center over common areas
• declining to impose a duty \on an individual tenant for snow removal from the common areas of a multi-tenant parking lot when the landlord has retained and exercised that responsibility\
• “In predicting how the highest state court would decide an issue .. . [wle may also look to ‘scholarly treatises, the Restatement of Law, and germane law review articles.’” (emphasis added

Source: CourtListener parenthetical corpus (CC0).