Summary Judgment Affirmed – Viability of Exculpatory Clause in a PA Lease

Margolis Edelstein partner Miles Kirshner represented the owner of a warehouse, in which storage space was rented to a commercial tenant. The Lease contained provisions stating that the landlord is not liable for damage to the tenant’s property and requiring the tenant to obtain its own insurance to protect its property. The tenant’s property was damaged by water infiltration into the storage space. The tenant sued the landlord for negligence in failing to maintain the building.

Margolis Edelstein moved for summary judgment, contending that the exculpatory clauses in the subject lease are enforceable as a matter of law. Summary judgment was granted in the Court of Common Pleas of Allegheny County, and the tenant appealed. In a precedential Opinion filed November 22, 2021, the Superior Court has affirmed this judgment in favor of the landlord. Superior Court has agreed with the defense position that the exculpatory clause in question is enforceable, and that the tenant cannot pursue its negligence claim.

Please the link below to access and read this precedential opinion. For further information, feel free to contact Attorney Kirshner.