Burger King has prevailed on its motion for summary judgment in a lawsuit related to a slip and fall incident that occurred at a franchised restaurant. Cram v. Burger King Corp., 2019 WL 4095570 (D.N.H. Aug. 29, 2019). The incident occurred when plaintiff Elizabeth Cram’s foot got caught in a child’s highchair improperly placed next to the restroom entrance, causing her to fall and tear her Achilles tendon. Plaintiffs asserted negligence and vicarious liability claims against Burger King because it was the owner and lessor of the restaurant at issue. Burger King filed a motion for summary judgment, arguing that it did not breach any duty owed to the customer.
In its examination of the plaintiffs’ negligence claim, the court concluded that New Hampshire law does not impose an absolute duty on landowners and landlords, particularly where the premises are controlled by another party. Instead, the court noted that landlords must exercise reasonable care not to subject others to an unreasonable risk of harm. In this case, Burger King leased the premises to its franchisee, which assumed the primary duty to maintain the restaurant in good order and to take reasonable precautions to prevent injury. The court found no evidence that Burger King was involved in the restaurant’s maintenance or controlled the placement of the highchairs. The court’s analysis of the vicarious liability claim was nearly identical. The plaintiffs again argued that Burger King owed them a nondelegable duty to maintain a safe premises, but Burger King did not retain possession or control of the restaurant and did not exercise control over the location and placement of the highchairs in the restaurant. As a result, the court granted summary judgment in favor of Burger King.