Legal Question in Personal Injury in Colorado
I am the landlord of a commercial retail space negotiating a lease. The prospective tenant wants to replace existing carpeting with stained concrete. I am concerned that this will represent an increased "Slip & Fall" liability. I have added the following wording to the lease contract: "Lessee assumes full liability for any �Slip & Fall� injuries occurring on the un-carpeted concrete areas of the ground level."
Would this help to cover me in a "Slip & Fall" type situation?
1 Answer from Attorneys
So long as you are in possession of the property, duties of care owed under the premises liability statute, CRS 13-21-115, are non-delegable. Sofford v. Schindler Elevator Corp., 1997, 954 F.Supp. 1459 (D.Colo 1997). If you are determined to be a landowner under the statute, you can be held liable by a plaintiff. You may contractually agree with your tenant that if you are held liable, your tenant will indemnify you for any liability. That agreement is between you and your tenant, though, and does nothing to extinguish the rights of a person not a party to your private agreement.
A "landowner," who may be liable for the condition of the premises is, "an authorized agent or a person in possession of real property and a person legally responsible for the condition of real property or for the activities conducted or circumstances existing on real property." I hope this is helpful for you.