Stephenson v. Warner, 581 P.2d 567 (Utah 1978). · Go Syfert
Stephenson v. Warner, 581 P.2d 567 (Utah 1978). Cases Citing This Book View Copy Cite
57 citation events (27 in the last 25 years) across 6 distinct courts.
Strongest positive: Tesch v. Bonneville (utah, 2025-11-28)
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981 2003 2026
Top citers, strongest first. 15 distinct citers.
examined Cited as authority (rule) Tesch v. Bonneville (6×)
Utah · 2025 · confidence medium
So we address as a question of first impression whether a landlord can be held liable in negligence for injuries to a third party caused by a tenant’s dog. ¶21 “[A] landlord is not deemed to be the principal of his tenant merely because of the landlord-tenant relationship . . . .” Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978).
discussed Cited as authority (rule) Peragallo v. W T Holdings
Utah Ct. App. · 2025 · confidence medium
But outside a few narrow exceptions, a landlord who is not also a possessor “is under no obligation to make repairs, even where the property becomes hazardous.” Id. 20240443-CA 11 2025 UT App 77 Peragallo v. W&T Holdings ¶28 Our supreme court has explicitly stated that a landlord is “not responsible for the tenant’s torts, nor for the tenant’s failure to keep the premises reasonably safe and in good repair.” Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978).
discussed Cited as authority (rule) Liley v. Cedar Springs Ranch Inc.
Utah Ct. App. · 2017 · confidence medium
Liley has not demonstrated that, under the circumstances of this case, any of these exceptions apply here or provide support for the trial court’s ruling that a landlord must use reasonable care to control its tenant. ¶ 27 “[A] landlord is not deemed to be the principal óf his tenant merely because of the landlord-tenant relationship^]” Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978).
discussed Cited as authority (rule) Barneck v. Utah Department of Transportation
Utah · 2015 · confidence medium
In other words, the statutory waiver for "defective, unsafe, or dangerous condition(s]" applies to injuries caused by a "defect[ ] or dangerous condition{] which [the government defendant] created, or of which [it] was aware, and which [it] should reasonably foresee would expose others to an unreasonable risk of harm." Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978). 9 B.
discussed Cited as authority (rule) Crossgrove v. Stan Checketts Properties, LLC (2×) also: Cited "see"
Utah Ct. App. · 2015 · confidence medium
If the district court determines that the defendant owed no duty to the plaintiff, "there can be no negligence as a matter of law, and summary judgment is appropriate." Tallman v. City of Hurricane, 1999 UT 55, ¶ 5 , 985 P.2d 892 (citation and internal quotation marks omitted). 14 Here, the district court concluded that Checketts owed no duty to Mrs. Crossgrove, because S & S was in possession of the parking lot at the time of the accident and the icy condition that led to her injuries did not exist at the time Checketts transferred possession to S & S. "Our supreme court has held that 'it is…
discussed Cited as authority (rule) Estate of King v. Wagoner County Board of County Commissioners
Okla. Civ. App. · 2006 · confidence medium
Killinger v. Test, 91 Idaho 571 , 428 P.2d 490, 494 (1967); Denver Tramway Corp. v. Rumry, 98 Colo. 24 , 52 P.2d 396 , 898 (1985). "[A] landlord is not deemed to be the principal of his tenant merely because of the landlord-tenant relationship; and he is not responsible for the tenant's torts, nor for the tenant's failure to keep the premises reasonably safe and in good repair." Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978). ¶30 In the case at bar, the trial court focused on KTUL's right to control under the lease agreement, stating the "contract speaks for itself" and "is extremely spe…
discussed Cited as authority (rule) Dahlstrom v. Nass
Utah Ct. App. · 2005 · confidence medium
Our supreme court has held that “it is the tenant who is liable for any dangerous condition on the premises which he creates or permits to come into existence after he has taken ‘possession.’’ Stephenson v. Warner, 581 P.2d 567, 568-69 (Utah 1978) (emphases added); see also Restatement (Second) of Torts § 355 (“[A] lessor of land is not subject to liability to his lessee or others upon the land with the consent of the lessee ... for physical harm caused by any dangerous condition which comes into existence after the lessee has taken possession.”).
discussed Cited as authority (rule) Trujillo v. Jenkins
Utah · 1992 · confidence medium
Williams v. Melby, 699 P.2d 723, 726 (Utah 1985) (landlord has duty to “exercise reasonable care- toward tenants in all circumstances”); Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978) (same); Schofield v. Kinzell, 29 Utah 2d 427 , 511 P.2d 149, 151 (1973).
discussed Cited as authority (rule) P.H. Investment v. Oliver (2×)
Utah Ct. App. · 1989 · confidence medium
Cir.1970). [11] Williams v. Melby ; Hall v. Warren, 632 P.2d 848, 850 (Utah 1981); Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978). [12] See Utah Code Ann., title 11, chapters 15 and 19 (1986). [13] Blackwell v. Del Bosco, 191 Colo. 344 , 558 P.2d 563, 565 (1976). [14] See Friendly, The Gap in Lawmaking — Judges Who Can't and Legislators Who Won't, 63 Colum.L.Rev. 787, 792-799 (1963). [1] Appellant was ordered to pay $80.36 for rent from February 1, 1987 through February 9, 1987, plus $630.00 treble damages and court costs of $19.35. [2] Monthly heating bills in the winter sometimes ran a…
cited Cited as authority (rule) English v. Kienke
Utah Ct. App. · 1989 · confidence medium
That duty of reasonable care encompasses care to assure their property is “reasonably safe and suitable for intended uses.” Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978).
cited Cited as authority (rule) Gregory v. Fourthwest Investments, Ltd.
Utah Ct. App. · 1988 · confidence medium
Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978).
discussed Cited as authority (rule) Williams v. Melby
Utah · 1985 · confidence medium
In Stephenson v. Warner, Utah, 581 P.2d 567, 568 (1978), we stated: It is not to be doubted that a landlord is bound by the usual standard of exercising ordinary prudence and care to see that premises he leases are reasonably safe and suitable for intended uses, nor that under appropriate circumstances he may be held liable for injuries caused by any defects or dangerous conditions which he created, or of which he was aware, and which he should reasonably foresee would expose others to an unreasonable risk of harm.
cited Cited "see" Crossgrove v. Stan Checkets Properties, LLC.
Utah Ct. App. · 2015 · signal: see · confidence high
See Stephenson, 581 P.2d at 568–69; Dahlstrom, 2005 UT App 433 , ¶¶ 9–13.
discussed Cited "see" State Ex Rel. Utah Air Quality Board v. Truman Mortensen Family Trust
Utah · 2000 · signal: see · confidence high
See Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978) (holding that "[i]t is not to be doubted that a landlord is bound by the usual standard of exercising ordinary prudence and care to see that premises he leases are reasonably safe and suitable for intended uses").
discussed Cited "see, e.g." Darrington v. Wade
Utah Ct. App. · 1991 · signal: see also · confidence medium
See also English v. Kienke, 774 P.2d 1154, 1156 (Utah Ct.App.1989) (landlords’ duty of reasonable care “encompasses care to assure their property is ‘reasonably safe and suitable for intended uses’ ”) (quoting Stephenson v. Warner, 581 P.2d 567, 568 (Utah 1978)).
Lynn C. STEPHENSON, Plaintiff and Appellant,
v.
John E. WARNER and Steve F. Greenwood, Defendants and Respondents
15333.
Utah Supreme Court.
Jun 19, 1978.
581 P.2d 567
Milton T. Harmon, Nephi, for plaintiff and appellant., Leonard H. Russon of Hanson, Russon, Hanson & Dunn, Salt Lake City, for defendants and respondents.
Crockett, Ellett, Maughan, Wilkins, Hall.
Cited by 29 opinions  |  Published
CROCKETT, Justice:

Plaintiff Lynn C. Stephenson, a service station attendant, sued both his employer John Warner and the lessor, Steve Greenwood, for burns he suffered at the station. Upon a trial to a jury the court granted the landlord Greenwood’s motion for a directed verdict, but submitted the case as to the employer Warner, against whom the jury returned a verdict in favor of the plaintiff. The plaintiff appeals, seeking reversal of the directed verdict and a trial on the issue as to the liability of defendant Greenwood.

Defendant Warner was the operator of the Conoco service station on Main Street in Nephi, which he leased from defendant Greenwood. On May 6, 1972, while plaintiff was using gasoline to clean some grease spots on the floor of the station, an explosion occurred followed by a fire. As a result the plaintiff suffered severe burns over much of his body.

The evidence is that it could not be determined just what caused the explosion and fire. However, three possibilities are referred to: (1) from someone lighting or discarding a cigarette, (2) from sparks from an air compressor, or (3) from the pilot light or flame of a gas water heater. The heater was part of a car wash operation owned by the station operator defendant Warner. He had purchased it and other equipment from the prior lessee, one Joe Allen, in 1972. Originally, it was separated from the rest of the service station by a wall which was later removed. Defendant Greenwood had had nothing to do with the removal of the wall, except that he had given consent to Mr. Warner to remove it, which the latter did with the assistance of plaintiff Mr. Stephenson.

Plaintiff’s attempt to impose liability upon the landlord Greenwood is based upon the hypothesis that it was the water heater that caused the fire and that it constituted a dangerous condition for which the landlord should be held responsible. It is not to be doubted that a landlord is bound by the usual standard of exercising ordinary prudence and care to see that premises he leases are reasonably safe and suitable for intended uses, nor that under appropriate circumstances he may be held liable for injuries caused by any defects or dangerous conditions which he created, or of which he was aware, and which he should reasonably foresee would expose others to an unreasonable risk of harm. [1] However, a landlord is not deemed to be the principal of his tenant merely because of the landlord-tenant relationship; and he is not responsible for the tenant’s torts, nor for the tenant’s failure to keep the premises reasonably safe and in good repair. [2] On the contrary, in conformity with the judgment which was entered in this case, it is the tenant who is liable for any dangerous condition on the premises which he creates or[*569] permits to come into existence after he has taken possession. [3]

Applying the foregoing rules to the fact situation here, the trial court was justified in granting the directed verdict against the plaintiff and in favor of the defendant landlord Greenwood because there is no reasonable basis in the evidence to support the plaintiff’s claims: either that it was the water heater that actually caused the fire; (His own witness conceded that the cause could not be established with any degree of certainty.); or that the gas water heater necessarily constituted a dangerous condition; or more importantly, that the defendant landlord, Mr. Greenwood, was responsible for any such condition.

Judgment affirmed. Costs to defendant Greenwood.

ELLETT, C. J., and MAUGHAN, WILKINS and HALL, JJ., concur.
1

. 49 Am.Jur.2d, Landlord and Tenant, Sec. 782; Restatement, Torts, Sec. 282.

2

. See Blair v. Berio Vending Corp., Delaware, 287 A.2d 696, cited in 49 Am.Jur.2d, Landlord & Tenant, Sec. 786.

3

. Restatement of Torts, Sec. 355.