Faciane v. Golden Key Div. Ltd. P'ship
249 So. 3d 230
La. Ct. App.2018Background
- Plaintiff Kim Faciane lived in Golden Key Apartments; alleged on April 14, 2015 sheetrock fell from her ceiling due to a leak, injuring her.
- Lease contained broad exculpatory language and an express stipulation invoking La. R.S. 9:3221, purporting to make lessee assume responsibility for premises and roof defects.
- Defendants (owner Golden Key, manager Ohio Management, and insurer AWAC) moved for summary judgment arguing the lease and La. R.S. 9:3221 precluded liability absent owner notice or knowledge of the defect.
- Faciane opposed, submitting an affidavit and photos asserting prior notice and inadequate repair (paint/texture over hole) and argued common-roof defect affects health/safety and cannot be waived.
- Trial court granted summary judgment for defendants; appellate court reviewed de novo and reversed, holding the shared roof is a common accessory and waiver/exculpatory clause cannot bar warranty for defects affecting health or safety.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Enforceability of lease waiver (La. R.S. 9:3221) | Waiver invalid as roof/ceiling defect affects health/safety and concerns a common accessory | Lease and statute shift responsibility to tenant absent owner notice/knowledge | Waiver unenforceable here: shared roof is common accessory and warranty for health/safety defects cannot be waived |
| Need for owner notice to establish liability | Prior notice existed; affidavit/photos create genuine issue | No actual or constructive notice before accident; summary judgment appropriate | Notice need not be proven for defects in common accessory under CC arts. 2696/2697; genuine factual dispute on notice would also preclude summary judgment |
| Nature of liability (strict liability vs negligence) | Seeks strict liability under CC arts. 2696/2697 for defect in common accessory | Defendants rely on La. R.S. 9:3221 to limit to negligence (notice-based) | Court holds strict-liability warranty under 2696/2697 applies to common accessory; 9:3221 does not bar that warranty here |
| Appropriateness of summary judgment | Affidavit and evidence create factual disputes (repairs, notice) | Uncontroverted evidence shows no notice; lease bars recovery | Summary judgment reversed; factual issues and legal bar to waiver preclude judgment for defendants |
Key Cases Cited
- Duncan v. U.S.A.A. Ins. Co., 950 So.2d 544 (La. 2006) (standard for appellate review of summary judgment)
- Pillow v. Roymar Ltd. P'ship, 197 So.3d 348 (La. App. 5 Cir. 2016) (landlord/lessor liability principles)
- Simon v. Hillensbeck, 100 So.3d 946 (La. App. 4 Cir. 2012) (lessor liability for leased premises)
- Shubert v. Tonti Dev. Corp., 30 So.3d 977 (La. App. 5 Cir. 2009) (exculpatory clauses ineffective for common-area defects)
- Dorion v. Eleven Eleven Bldg., 737 So.2d 878 (La. App. 4 Cir. 1999) (landlord not entitled to exculpatory benefits for common areas)
- Barnes v. Riverwood Apartments Partnership, 870 So.2d 490 (La. App. 2 Cir. 2004) (common-accessory defect liability without notice)
- Chau v. Takee Outee of Bourbon, Inc., 707 So.2d 495 (La. App. 4 Cir. 1998) (La. R.S. 9:3221 converts strict liability to negligence when lessee assumes responsibility)
- Ostrander v. Parkland Villa Apartments, 511 So.2d 1293 (La. App. 2 Cir. 1987) (lessee may sue for common-area defects despite lease language)