FRANCHISOR WASN’T RESPONSIBLE FOR STATION'S DAY-TO-DAY OPERATIONS OR CONTROL
After she fell on a gas cap, K.B. sued BP America Inc., BP Corporation North America Inc., and BP New York LLC, alleging those entities were liable for her injuries.
But after the New York County Supreme Court, granted the request by those defendants to be dismissed from the case, K.B. appealed.
On its review, the Appellate Division, First Department, noted that because the defendants neither owned the property (or any abutting property) on which the incident occurred, it thought that K.B. couldn't show the requisite “access and control” to invoke a “special use” doctrine in this instance.
Additionally, even though BP was a franchisor, and had a right to inspect, that did not afford the company “day to day” operational control which would have otherwise triggered some duty. In fact, since the gas station was an “independent contractor responsible for the daily maintenance, management, and operation of the premises,” no liability could attach to the defendants in question, and the AD1 left the dismissal undisturbed.
In other words, K.B.’s case appears to have run out of gas.
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