Apartments leases sometimes have clauses in them that try to limit or prohibit your rights to recover from your landlord in premises liability incidents in the common areas of your apartment complex. Apartment owners are liable for injuries that occur in common areas of an apartment complex due to dangerous conditions such as ice and snow. However, some apartment owners try to limit their liability in these situations by forcing people who want to rent their apartments to sign leases that have liability waivers in them.
Although these types of clauses are allowed under Missouri personal injury law, they must meet certain requirements in order to be enforceable. They must explicitly state that the limitation of liability extends to negligence or other fault of the landlord. Not only does this require that the landlord make its waiver of liability clause unambiguous, but it mandates that it be understandable as well. In fact, the law requires that someone trying to read and understand the clause should not need a magnifying glass and dictionary.
If you have a slip or trip and fall case that happened in a common area of your apartment complex, and you think your claim may be barred by a waiver of liability clause in your lease, it is important to see an attorney who understands the law on these types of clauses. As a Kansas City personal injury attorney specializing in premises liability cases, I can answer your questions on these issues. Contact the firm today.