Court Holds Tenant Cannot Be Held Liable to Landlord for

Injuries to a Worker in a Common Area

In Morlin Asset Management LP v. Murachanian, a California Appellate Court held that a tenant was not required to indemnify a landlord for injuries incurred by a worker in a common area.  In Morlin, a worker was cleaning the tenant’s office in a commercial building.  The worker slipped and fell on stairs in a common area of the building.  The worker sued the landlord and the landlord cross-complained against the tenant for indemnity.  The tenant filed a motion for summary judgment taking the position that the landlord was responsible for the common area and not the tenant.  The court granted the motion.  The court of appeals affirmed holding that as a matter of law, the indemnity clause in a lease barred the cross-complaint.

Shannon B. Jones, Partner, sbj@sbj-law.com