Alcombrack v. Ciccarelli

JOHNSEN,

Judge, dissenting:

¶ 22 I respectfully dissent. My view is that under duty principles already established in Arizona, if the Ciccarellis’ default authorized the lender to enter the home and change the locks, they owed a duty to take reasonable steps to prevent resulting personal injury to the locksmith the lender sent to do that.

¶ 23 As the Majority states, although a landlord who has leased the entirety of the property usually has no duty as landowner to one who comes onto the land, that does not mean the landowner necessarily owes no other duty to the entrant. It only means that no…