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Personal injury indemnity in TX commercial lease agreements

On Behalf of | Oct 4, 2013 | Car Accidents |

People that have been injured in workplace accidents or other types of business or premises liability accidents may have the right to seek damages or compensation for their injuries from someone. Sometimes these accidents involve fork lift or parking lot car accidents. If the injured person can seek compensation from someone or some company, who will it be? Will it be the business owner? Can it be the owner of the real property or the landlord?

Real estate investors and landlords may have true concerns to protect themselves against potential wrongful death injuries or car accidents in business parking lots.

A Houston real estate attorney with experience in personal injury cases can offer knowledge on how to draft protective clauses in commercial leases. It might be prudent in certain commercial lease to include clauses should include statements where each party releases and waives all claims, rights of recovery and causes of action that either party or any party claiming by, through or under such party by subrogation may now have or later have against the other party. This should also include partners, directors, officers, employees or agents for any loss or damage that may occur to the Premises, improvements or contents by reason of fir or other casualty. It should except gross negligence or willful misconduct.

The landlord should have the tenant release, indemnify, defend and hold harmless the landlord and the landlord’s partners, agents, directors, officers, employees, invitees and contractors from all claims, losses, costs, damages or expenses that result from injuries or death of any person during any term of the lease.

If you have questions about the connection of personal injury claims and real property or premises liability, feel free to contact a Houston, Texas lawyer at 713-572-4900.

  – Article By Richard Weaver


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