r/legaladvice•
Eszed

[CA] Can a contract eliminate one party's liability for negligence?

So, I'm just middle-class enough to rent a storage unit to keep all the stuff I can't fit in my apartment. It seems no more than usually shady, for a self-storage facility.

The owner has just asked me to provide proof that I've got insurance covering my belongings, or else buy the policy that they offer. It's no problem: I've already got renter's insurance, which (I checked) will cover the belongings I have in storage. However, my eyebrows raised at this bit:

> Owner and Owner's agents shall not be liable for any loss of or damage to any personal property ... arising from any cause whatsoever including ... [a bunch of reasonable stuff, and also] the active or passive acts or omissions or negligence of the Owner, Owner's agents or employees. Occupant expressly agrees that that the carrier of such insurance shall not be subrogated to any claim of Occupant agains Owner, Owner's agents or employees.

What? So, like, would this really stop my insurance company from going after him if he accidentally lit the place on fire or didn't maintain the roof or something? Did he just get some Saul Goodman to write this, or does it have some actual legal merit?

Maybe more to the point, is this a sign that this guy's more shady than one should properly expect the proprietor of a self-storage facility to be. I'm thinking maybe I should write him a letter asking for proof of his insurance, since my feeling from this document is that he's trying to avoid needing that, which, yeah: super sketch. Should I store my stuff somewhere else?

*Edit: "subrogate", not "surrogate".

Posted Oct 1, 2016, 12:23 AM UTC · edited

012
malachi_23•

Nope, but you're right - don't rent from this shmoe.

5
EszedOP•

Sounds like that's a good idea. Sigh ... I hate moving.

1
Lehk•

It's a sign that he isn't carrying liability insurance, and thus in the event of a negligent loss he will be filing bankruptcy and you will be left holding the bag.

3
EszedOP•

Yeah, that's what I kinda figured. Thanks.

1
swalsh411Quality Contributor•

Occupant expressly agrees that that the carrier of such insurance shall not be surrogated to any claim of Occupant agains Owner, Owner's agents or employees.

He's an idiot for this part alone. if you have a claim your insurance company doesn't give two poops about any agreement you had with your landlord.

1
EszedOP•

Kinda figured this makes him a poopoo head. It wouldn't affect my insurance company reimbursing me for a loss, though, would it?

1
swalsh411Quality Contributor•

It might if you're responsible.

1
EszedOP•

That's not really the situation I'm worried about, but thanks.

1
gratty•

Yes, a person can contractually eliminate his liability for negligence.

0
[deleted]•

[removed]

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grattyMOD•

Your post has been removed for the following reason(s):

Bad Advice

  • This post is being removed because it is, frankly speaking, bad legal advice. Either it is inapplicable for the jurisdiction in which OP resides, or misunderstands the fundamentals of the applicable legal issues.

If you feel this was in error, message the moderators.

1
EszedOP•

Huh! Good to know. Thanks.

1