It makes sense to speak with an attorney before signing any contract. If you are the victim of someone's negligence please contact the law office of Sisun & Scriven, P.C.
Constable appealed to the Supreme Court and they concluded that the subject language was not ambiguous and that Constable agreed to indemnify Northglenn for injuries on the property including injuries resulting from Northglenn's own negligence. They further held that the subject language did not violate public policy concerning a property owner's nondelegable duty concerning premise liability claims as they still owed a duty to the injured party. They were simply allowed by contract to seek reimbursement from Constable.
However, on appeal the Colorado Court of Appeals reversed the trial court concluding that the indemnity provision in the lease was not against public policy and it clearly stated that Constable agreed to indemnify Northglenn for injuries sustained on the property even if they occurred in a location under the exclusive control of Northglenn and as a result of Northglenn's negligence.
The trial court agreed with Constable and granted the Motion for Summary Judgment. However, on appeal the Colorado Court of Appeals reversed the trial court concluding that the indemnity provision in the lease was not against public policy and it clearly stated that Constable agreed to indemnify Northglenn for injuries sustained on the property even if they occurred in a location under the exclusive control of Northglenn and as a result of Northglenn's negligence. Historically the courts did not enforce such agreements against individuals with limited bargaining power. Constable was a sole proprietor operating a small flower shop.
The trial court agreed with Constable and granted the Motion for Summary Judgment. However, on appeal the Colorado Court of Appeals reversed the trial court concluding that the indemnity provision in the lease was not against public policy and it clearly stated that Constable agreed to indemnify Northglenn for injuries sustained on the property even if they occurred in a location under the exclusive control of Northglenn and as a result of Northglenn's negligence.
It makes sense to speak with an attorney before signing any contract. If you are the victim of someones negligence please contact the law office of Sisun & Scriven, P.C.
Constable appealed to the Supreme Court and they concluded that the subject language was not ambiguous and that Constable agreed to indemnify Northglenn for injuries on the property including injuries resulting from Northglenn's own negligence. They further held that the subject language did not violate public policy concerning a property owner's nondelegable duty concerning premise liability claims as they still owed a duty to the injured party. They were simply allowed by contract to seek reimbursement from Constable.
However, on appeal the Colorado Court of Appeals reversed the trial court concluding that the indemnity provision in the lease was not against public policy and it clearly stated that Constable agreed to indemnify Northglenn for injuries sustained on the property even if they occurred in a location under the exclusive control of Northglenn and as a result of Northglenn's negligence.
The trial court agreed with Constable and granted the Motion for Summary Judgment. However, on appeal the Colorado Court of Appeals reversed the trial court concluding that the indemnity provision in the lease was not against public policy and it clearly stated that Constable agreed to indemnify Northglenn for injuries sustained on the property even if they occurred in a location under the exclusive control of Northglenn and as a result of Northglenn's negligence. Historically the courts did not enforce such agreements against individuals with limited bargaining power. Constable was a sole proprietor operating a small flower shop.
The trial court agreed with Constable and granted the Motion for Summary Judgment. However, on appeal the Colorado Court of Appeals reversed the trial court concluding that the indemnity provision in the lease was not against public policy and it clearly stated that Constable agreed to indemnify Northglenn for injuries sustained on the property even if they occurred in a location under the exclusive control of Northglenn and as a result of Northglenn's negligence.
It makes sense to speak with an attorney before signing any contract. If you are the victim of someones negligence please contact the law office of Sisun & Scriven, P.C.
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