Day v. Lupo Vine Street, L.P.
Facts: A commercial landlord leases space to a tenant operating a health club. The tenant does not maintain an AED on the premises. A client of the health club suffers a fatal cardiac arrest while exercising on the premises.
Claim: The client’s family seeks money losses from the landlord, claiming wrongful death of the client since the landlord failed to maintain an AED required on the premises of a health club.
Counterclaim: The landlord claims it owes no duty to ensure an AED is maintained on the premises since the definition of a health club does not include a landlord and such a requirement would impose an unreasonable duty.
Holding: A California court of appeals holds the landlord owes no duty to ensure an AED is maintained at the site of the tenant’s health club since the landlord is out of possession of the premises and such a requirement would impose an unreasonable duty on the landlord. [Day v. Lupo Vine Street, L.P. (April 11, 2018)_CA5th_]