Gail Keller v. Holiday Inns
1983.ID.15223; 671 P.2D 1112; 105 IDAHO 649
Court of Appeals of Idaho
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We are asked to decide whether a property owner who rents space in a building to a business lessee, and who authorizes the lessee to bring unsafe appliances upon the property, may be liable to the lessees employees for harm caused by the appliances. The principal parties claiming injury are Gail Keller and her sister, Joan Keller Burman. When the alleged injuries occurred, the Keller sisters were employed by the proprietor of a gift shop located upon leased space within the Holiday Inn of Boise. The appliances in question were large iron security gates fabricated and placed on the premises by the gift shop proprietor. The gates surrounded the gift shop when it was closed; but when the gift shop was open, the gates were folded, moved on wheels, and stored elsewhere in the motel. The gates were known to be unstable and prone to collapse. Each of the Keller sisters has alleged that she was physically injured by the security gates while attempting to move them to or from their place of storage.