Landlord Not Liable for Explosion Death of Tenant's Employee

August 25, 2020

What Happened: A warehouse employee was killed when the hair care product he was handling exploded in his face. The victim had no idea that the product was dangerous because the container was improperly labeled. But while the employer that stored the product was clearly guilty of Cal-OSHA, fire code, and other violations, it was only a small business. So, the victim’s family sued the landlord instead. The trial court found the landlord not liable and tossed the case without a trial.

What Happened: A warehouse employee was killed when the hair care product he was handling exploded in his face. The victim had no idea that the product was dangerous because the container was improperly labeled. But while the employer that stored the product was clearly guilty of Cal-OSHA, fire code, and other violations, it was only a small business. So, the victim’s family sued the landlord instead. The trial court found the landlord not liable and tossed the case without a trial.

Ruling: The California appeals court found the lower court’s ruling reasonable and refused to reverse it.

Reasoning: Simply stated, the landlord didn’t break any laws. There was no evidence that the landlord knew or should have reasonably known that the tenant was using the space to store and handle hazardous materials, let alone that those materials weren’t properly labeled. “There is no authority requiring a landlord to conduct research or otherwise investigate the contents of containers that present no indication of possible hazards,” the court explained. All of the safety violations that occurred were the tenant’s responsibility, it concluded.

  • Oh v. Teachers Ins. & Annuity Assn. of America: 2020 Cal. App. LEXIS 738

 

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