California Landlord Lawsuit Points to Asbestos’ Mesothelioma Risk
It is well known that asbestos exposure can lead to a mesothelioma diagnosis. Though many think of the risk as a thing of the past, legacy asbestos that remains in place continues to be a real danger. This is the basis of a recent lawsuit accusing a landlord of failure to disclose the presence of asbestos to their tenant, putting them at risk of the deadly disease.
Asbestos and Lead in Commercial Greenhouse Leads to Fears of Mesothelioma
The premises liability case raised the risk of mesothelioma as information the landlord had a duty to disclose. Orchid grower Epochal Enterprises filed the claim against its former landlord LF Encinitas Properties. The plaintiff had rented a commercial greenhouse from the defendant, but upon learning of the dangerous conditions in the property, defaulted on their lease and were evicted.
In response to the eviction, the orchid grower sued Encinitas for the economic damages it suffered as a result of having to hurriedly leave the property to minimize the tenants’ risk of mesothelioma. The jury hearing the case sided with the tenant, but the court agreed with the landlord that language in the lease limited their liability for lost profits and other economic losses, thus reversing the jury’s decision.
Orchid Grower Who Feared Mesothelioma Appeals Trial Court’s Decision and Wins
In the face of the trial court overturning the original jury verdict, the orchid grower appealed the decision to the California Court of Appeal. They argued that their fear of mesothelioma was legitimate and should outweigh the language of the lease document. The court agreed.
In reversing the trial court’s decision, the appellate court noted that the landlord’s failure to disclose the environmental hazards conflicted with public policy. The appeals court wrote that the landlord was liable for violating the Health and Safety Code and that their failure to disclose the environmental hazards in their property had invalidated the lease’s liability limiting language.
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