71 So. 3d 1165
La. Ct. App.2011Background
- Plaintiff Antonio Wells, Sr., on behalf of his minor children, sued Mr. Norris and XYZ Insurance in 2002 for wrongful death and injuries from a house fire.
- The house fire occurred July 1, 2001, after Wells leased the residence from Norris in December 2000.
- Arquisia Wells died; Amber Wells and Antonio Wells, Jr. were injured; Wells alleged a defect in the home caused the fire.
- Investigations suggested an overloaded fuse box with altered fuses and use of extension cords, including an air conditioner powered by an extension cord.
- Trial occurred in March 2010; judgment awarded $207,572.79 to Wells and his children, with no written or oral reasons provided at the time.
- Appellants Norris and XYZ Insurance appeal challenging strict liability under La. C.C. art. 2696 and waiver defenses in the lease.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the lease waives the warranty under Article 2696 | Wells contends no clear waiver of 2696 exists in the lease. | Norris asserts the clause requiring maintenance constitutes an unequivocal waiver. | Waiver not clear or unambiguous; strict liability affirmed. |
| Whether La. R.S. 9:3221 controls the liability allocation | 9:3221 does not negate 2696 warranty where lessee did not knowingly assume responsibility. | 9:3221 provides an express exception transferring delictual liability to the lessee. | 9:3221 operates as an express exception; not dispositive if language is clear and unambiguous in transferring responsibility. |
| Whether the landlord’s liability under Article 2696 attaches when the defect was known or unknown | Wells argues defect presented unreasonable risk and the landlord is strictly liable despite knowledge of or failure to fix. | Landlord’s liability depends on custody and defect; waiver issues negate 2696. | Landlord strictly liable under 2696; waiver not established. |
| What is the proper standard of review for lease-on-face legal questions | Independent facial review supports legal correctness of the trial court. | Not explicitly argued beyond waiver interpretation. | Independent review applies; questions resolved as a matter of law. |
Key Cases Cited
- Shuff v. Brookshire Grocery Co., 32 So.3d 1030 (La. App. 2nd Cir. 2010) (elements of strict liability under Article 2696)
- Davis v. Diamond Shamrock Refining and Marketing Co., 774 So.2d 1076 (La. App. 2nd Cir. 2000) (landlord liability principles under Article 2696)
- Bertini v. Scaife, 895 So.2d 619 (La. App. 3rd Cir. 2005) (landlord warranties and waivers in leases)
- Stuckey v. Riverstone Residential SC, LP, 21 So.3d 970 (La. App. 1st Cir. 2010) (9:3221 applicability where lessee assumes responsibility)
- Greely v. OAG Properties, LLC, 12 So.3d 490 (La. App. 2nd Cir. 2009) (waiver of warranty not required to be explained where transfer of responsibility is clear)
- Lawrence v. Terral Seed, Inc., 796 So.2d 115 (La. App. 2nd Cir. 2001) (appellate review of contract-based issues)
- Johnson v. Ledoux, 957 So.2d 911 (La. App. 2nd Cir. 2007) (independent review of lease contract on its face; standard of review)