QUESTION
Does the landlord assume liability for underground storage tanks at a gas station convenience store in this paragraph?
Asked on Mar 16th, 2013 on Business Law - Connecticut
More details to this question:
The Landlord shall not be liable, except in cases of negligence, for damage occasioned by failure to keep the premises good repair and shall not be liable, except in cases of negligence, for any damage done occasioned by or from plumbing, gas, water, steam or other pipes or sewage or water coming into the premises or the bursting, leaking or running of any tank washstands, water closets, pipes and the like in, about or upon the premises or for damages occasioned by water, snow or ice being upon or coming through the roof or otherwise.
1 ANSWER
The provision is not really designed to address under ground tank responsibility. It may encompass the tank if you can show the landlord was some how negligent in relation to the tank which developed a problem. The question of liability may vary also depending on whether it is to the Tenant, the State of a third party. The may be environmental or other statutes that create responsibility. Generally a landlord can not contract his liability to third parties away in a lease to a tenant. More information and documents will be required for a proper analysis.
Answered on Apr 05th, 2013 at 3:07 PM
Lawrence H. Adler, Esq. Adler Law Group, LLC 860-282-8686