DeEtte Junker leased an apartment from F. L. Cappaert in the Pecan Ridge Apartment Complex, which… 1 answer below »

DeEtte Junker leased an apartment from F. L. Cappaert in the Pecan Ridge Apartment Complex, which consisted of six buildings, each with 12 apartments. Junker’s apartment was upstairs, and she and thetenants in two other apartments used a common stairway for access to their apartments. Junker slipped on the stairway and was injured. She sued Cappaert for damages on the grounds that he had been negligent in maintaining the stairway. Junker’s lease contained an exculpatory clause in which Cappaert disclaimed any liability for injury due to his negligence. Did the exculpatory clause immunize the landlord against damages caused by his own negligence in maintaining a common area in leased residential property?

 

 

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