Is Lessor of Land Always Liable for Death Related Injury of the Lessee ?
In Brownsville Navigation Dist. v. Izaguirre, 829 S.W.2d 159 (Tex. 1992), the supreme court addressed the liability of a lessor who retained no control over the leased premises.
Izaguirre's employer leased unimproved land from the Brownsville Navigation District. See Izaguirre, 829 S.W.2d at 160.
The employer built a warehouse on the property. See id.
When the ground beneath a trailer Izaguirre was loading became soft and muddy after a rain, a board supporting the trailer broke. See id.
Izaguirre was killed when the trailer shifted and fell to one side, crushing him. See id.
The plaintiff urged that the District, as lessor, had a duty to warn the employer of a dangerous condition, namely, that the leased ground became soft and muddy when wet.
Applying the Restatement of Torts, the supreme court concluded that a lessor of land is not liable to his lessee or to others on the land for injury caused by a dangerous condition that existed when the lessee took possession. See Izaguirre, 829 S.W.2d at 160 (quoting Restatement (Second) of Torts 356 (1965)).