What is a salon owner responsible for regarding a booth lessee?

I am a sole proprietor. My profession is makeup Aatistry. I lease a station at a salon. Since I have my own business license and pay a monthly rent that means I am liable for myself right? The salon owner who owns the establishment is trying to keep me from performing certain services because she is stating she is liable for me. I was under the impression that as long as I am a licensed business owner and licensed in my profession the only thing she is liable for is the building? Just wondering where the boundaries are and who is liable for what. Especially since Im treated as an “employee” and not a renter.

Asked on November 8, 2012 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are treated an employee, the salon owner could certainly face liability for your actions; any employer can be liable for the actions of his/her employees taken in the course of employment.

However, even as a renter, the salon owner, as your landlord, could be liable if he or she is aware that you are doing something potentially dangerous but does not take steps to stop it, since landlords can face liability for not taking reasonable steps to provide for the safety of those within their premises. Obviously, there is a difference between the "risk" being of a bad haircut or poor coloring job, and a risk of chemical burns, but at some point, a landlord could find him/herself liable.


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