Before the Slip and Fall: Lease Drafting Guidance for TenantsOn July 24, 2018 by Schnader
Partner Scott R. Kipnis authored “Before the Slip and Fall: Lease Drafting Guidance for Tenants” in Shopping Center Law & Strategy, the legal journal for retail real estate. The article provides case analysis to identify how tenants can take steps toward limiting their exposure to claims resulting from slip-and-fall accidents in shopping center common areas by negotiating their lease provisions.
“Some of the most prevalent, mundane, and time- and money-consuming claims that tenants find themselves litigating stem from slip-and-fall accidents in shopping center common areas. The lease between landlord and tenant, specifically the allocation of maintenance obligations as well as indemnification and insurance provisions, is often the determining factor of the outcome in such cases. It is determinative of which party’s insurer is obligated to defend the claim. As demonstrated by the analysis of the Second Judicial Department of the Appellate Division of the Supreme Court of the State of New York in Atlantic Ave. Sixteen AD, Inc., v. Valley Forge Insurance Company (“Atlantic”), specificity in drafting can be key to shielding tenants from liability and effectuating the intent of the parties.”