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Exculpatory Fairy Tales, Roger Bernhardt
Exculpatory Fairy Tales, Roger Bernhardt
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This article advises attorneys representing landlords in drafting exculpatory clauses in California where an exculpatory clause that does not include the word “negligence” protects a landlord only from liability for passive negligence, not for active negligence. Even a well-written exculpatory clause may not shield the landlord of liability in critical aspects.