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Commercial Building Tenants Do Not Owe a Duty to Entrants Upon the Roof of the Premises Absent Control Over the Roof | Jones, Skelton & Hochuli, P L C

Dabush v. Prizma Capital LLC, et al. Arizona Supreme Court  |  January 8, 2021 The Arizona Supreme Court held that two commercial building tenants with no control over the building’s roof had no duty to safeguard people on the roof from falling. Plaintiff Ephraim Dabush was injured when he fell through a skylight on the roof of this multi-tenant commercial building. Dabush asserted that Seacret Direct, LLC and Prizma Capital, LLC, who sublet portions of the building at the time of the accident, were possessors of the roof, and therefore owed him a duty to maintain the roof in a safe condition.

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