Exculpatory Fairy Tales
2 Pages Posted: 20 Mar 2011
Date Written: January 1, 2005
This article advises attorneys representing landlords in drafting exculpatory clauses in California where an exculpatory clause that does not include the word “negligence” protects a landlord only from liability for passive negligence, not for active negligence. Even a well-written exculpatory clause may not shield the landlord of liability in critical aspects.
Keywords: Exculpatory Clause, Drafting, Landlord Negligence, Lease Protection, Burnett v. Chimney Sweep, Brown v. Green, Hadian v. Schwartz
JEL Classification: K11
Suggested Citation: Suggested Citation