Personal Injury Law

Missouri Waiver of Personal Injury From Future Negligence Clauses in Apartment Lease Contracts - Are they Enforceable?

By Benjamin J. Sansone, Esq.

Missouri injury attorneys are often retained by victims of personal injury resulting from the negligence of a landlord, whether it is a slip and fall, Missouri premise liability, or a failure to protect from 3rd party criminal conduct, assuming the duty has been established.

One such case my St Louis personal injury law firm is handling is a St Louis premise liability action against an apartment complex for negligent security. In this particular case, the common area security doors were defective and in serious disrepair allowing two men to enter the common area then quickly and easily kick through the flimsy inner door of an apartment and sexually assault the female resident. I personally inspected the door a few days after the assault and several other "security doors" in the complex and most of them were opened without using the key and with a slight push. For further information on this sexual assault and negligent security apartment lawsuit see the link above.

As in many St Louis Missouri apartment complex personal injury cases, the landlord has a contract clause in the lease stating they are not responsible for any negligent acts.

There are several personal injury court opinions from Missouri courts holding, as a matter of law, that such oftentimes these types of negligence release clauses are insufficient to bar an injury victim's claim for negligence. Generally, such clauses are disfavored and strictly construed against the party attempting to enforce it. Especially in the landlord tenant relationship because of the disparity of bargaining power, often referred to as a contract of adhesion.

The Missouri Supreme Court has held that "the exculpatory language must effectively notify a party that he or she is releasing the other party from claims arising from the other party's own negligence." Alack v. Vic Tanny International of Missouri, 923 S.W.2d 330, 337 (Mo 1996).

The Alack decision also makes it clear that such waivers of negligence also fail as a matter of law when applied to Missouri punitive damage claims. In negligence cases, punitive damages are an issue "if, at the time of the negligent act, the defendant 'knew or had reason to know that there was a high degree of probability that the action would result in injury" and the defendant showed "conscious disregard for the safety of others."

Full post as published by Missouri Injury Law Blog on February 16, 2011 (boomark / email).