You Be the Judge Facts: Barbara Richards RANSBURG V. RICHARDS Landlords tend to leased an apartment at Twin be wealthy and power- Lakes, a complex owned by 770 N.E.2d 393 Lenna Ransburg, The writ- Indiana Court of Appeals, 2002 ful. There is generally no equality of bargaining power ten lease declared that between them. The tenants . Twin Lakes would are not freely agreeing to the "gratuitously" maintain the exculpatory language. common areas. Moreover, if a landlord fails to maintain property, not Richards's use of the facilities would be "at her just the tenant is at risk. Visitors, the mail carrier, and the own risk." general public could all walk through the Twin Lakes Twin Lakes was not responsible for any harm to parking lot. The public's interest is served when landlords the tenant or her guests, anywhere on the property maintain their properties. They must be held liable when (including the parking lot), even if the damage was they negligently fail to maintain common areas and inju- caused by Twin Lakes' negligence. rics result. Argument for Landlord: Ms. Richards does indeed It snowed. As Richards walked across the parking lot have to live somewhere, but she does not have to live to her car, she slipped and fell on snow-covered ice. on the plaintiff's property. Surely there are many dozens Richards sued Ransburg, who moved for summary judg of properties nearby. If Richards had been dissatisfied ment based on the exculpatory clause. The trial court with any part of the proposed lease-excessive rent, strict denied Ransburg's motion, and she appealed. rules, or an exculpatory clause-she was free to take her You Be the Judge: Was the exculpatory clause valid? business to another landlord, Argument for Tenant: An exculpatory clause in a con- Landlords may generally be wealthier than their tract for an essential service violates public policy, When tenants, but that fact alone does not mean that a landlord an ill person seeks medical care, his doctor cannot require is so powerful that leases are offered on a "take it or leave him to sign an exculpatory clause. In the same way, a it" basis. Here, the landlord stated the exculpatory clause person has to live somewhere. Her landlord cannot force plainly. This is a clear contract between adults, and it her to sign a waiver. should stand in its entirety