LANDLORD LEFT HOLDING THE BUCKET!
Landlords…. did you think that your lease requires that your tenant indemnify you for injuries suffered by the tenant’s independent contractors? Think again!
This week the California Court of Appeals (Division Eight) LA B2559800 (LASC Case BC504083) decided Morlin Asset Management LP et al., v. Murachanian against the Landlord.
The Plaintiff in the underlying case was a carpet cleaning company employee. He was hired by a Dentist/tenant to clean the tenant’s carpet in his dental suite. Sounds simple enough. As he walked up a flight of stairs carrying heavy buckets of soapy water, the bucket caught on the step, soapy water spilled out and the carpet cleaner slipped and was injured. The carpet cleaner sued the building’s owners. (By the way, the owner’s maintenance engineer had instructed the tenant in the past to inform management before the carpet cleaners come on the premises because in the past, they had pulled hoses up the stairs and he wanted to be sure that the hoses were properly set up – but the tenant didn’t notify management.)
Landlord cross complained against tenant for equitable indemnity and express indemnity under the terms of the lease. The tenant moved for summary judgment contending that the lease agreement did not provide express indemnity for this plaintiff’s alleged injuries because the accident did not occur within the leased premises, but instead in the common areas.
And, the court agreed!
Read the case at http://www.courts.ca.gov/opinions/documents/B259800.PDF.
© 2016 Beryl Weiner for Selvin & Weiner, a professional corporation
NEW RULES! CALIFORNIA REQUIRES EMPLOYERS TO GIVE EACH EMPLOYEE A COPY OF YOUR COMPANY'S POLICY AGAINST HARASSMENT AND DISCRIMINATION. California's Fair Employment and Housing Council issued regulations that apply to every employer. Please call attorney Joyce Craig if your company's Employee Handbook has not been reviewed recently and she can help you bring your company's policies and procedures up to date.
All Contents copyright © 2016 Selvin & Weiner APC. All Rights Reserved. DISCLAIMER: The material and information contained on these pages and on pages linked from these pages is intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction with whom you establish a relationship before you rely upon any of the information presented here. You are informed that the acts of sending e-mail to or viewing or downloading information from this website do not create an attorney-client relationship. In order to create a relationship you have to first enter into a written engaement agreement.