Indemnification Clause Doesn’t Indemnify Landlord Against Its Own Negligence

What Happened: A pedestrian sues the store owner and landlord for negligence after tripping over allegedly defective cellar doors located on the sidewalk in front of the premises. The landlord asks to be let out of the suit under state laws relieving out-of-possession landlords who have no duty to make repairs for liability for defects on the property. But the court rules that the landlord, while out-of-possession, could still be liable if the victim can prove that it created or knew about the dangerous condition.