Tek-Aid, Inc. v. Eisenberg

Pannell, Presiding Judge.

1. Where a lease contains a provision that "tenant for himself, his family, servants and guests releases landlord for any damage from water or steam, which risk tenant hereby assumes,” the landlord cannot be held liable for damages by water to the lessee’s data processing equipment located on the leased premises, nor for loss of business occasioned thereby, the water being caused by excessive water standing on the roof of the building, of which the leased premises was a part, because of lack of proper drainage from the roof caused by the landlord’s negligence. Capital…