Shirkey v. Crain & Associates Management Co.

OPINION

BIRDSALL, Judge.

Appellant leased an apartment in its complex to appellees. A “soap and grab” fixture was installed in the tile wall by the tub in the bathroom of the unit. Appellee, Charles Shirkey, was injured when the fixture came out of the wall as he was using it to support himself in getting out of the tub. A jury was waived and the trial court awarded damages to appellees for the injuries sustained. This appeal followed.

The standard of care for the landlord to his tenant as set forth in Cummings v. Prater, 95 Ariz. 20, 386 P.2d 27 (1963) is:

“[T]he landlord is under a duty of…