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The Leasing Hotline

By ALM Staff | Law Journal Newsletters |
April 28, 2005

ACTIVE NEGLIGENCE

A landlord may not be exempt from liability where the lease only protects the landlord from passive negligence and the landlord's failure to investigate the source of a leak may be considered active negligence. Burnett et al. v. Chimney Sweep, LLC et al., B164190, Court of Appeal of California, Second Appellate District, Division Six, Nov. 2, 2004.

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