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Environmental

Your Liability Cap Disappears When a Disclosure Statute Applies

A landlord leased two greenhouses it knew contained asbestos and lead paint, said nothing, and repaired storm damage anyway. The county quarantined the property and the orchid grower lost its business. California's Court of Appeal held that neither the indemnity clause nor the waiver of consequential damages could shield a landlord whose negligence came from violating a disclosure statute.