Health-facility injury 468
April 6th, 2012 
admin Premises liability is another area of San-Diego-Personal-Injury-attorney.com
Lewis Operating Corp. v Superior Court 200 Cal.App.4th 940 (4/2) (2011) Landlord leased residential apartment to Plaintiff who was injured in the tenants-only health club (fell off treadmill). San-Diego-Auto-Accident-lawyer. Lease agreement had exculpatory clause for health-club facilities. Defendant’s MSJ denied, writ issued. [1] Prohibition against exculpatory clauses extends to all matters affecting the public interest, not just clauses waiving a statutory duty. [2] CC § 1953 prohibiting exculpatory clauses in residential agreements does not extend to Landlord’s duty to maintain mere amenities. No bright-line distinction between amenities and basic or essential common areas, but a health club is “clearly well outside.” health clubs’ exculpatory clauses are frequently upheld. Dissent. San Diego personal injury attorney.