So, a landlord cuts his hand while removing mirrors off the wall of a former tenant, who didn't ask for permis

Question

So, a landlord cuts his hand while removing mirrors off the wall of a former tenant, who didn't ask for permission before putting them up. Is he right in claiming reimbursement from the former tenant for his personal bodily damages (hospital bills) as well as property damage to the walls? Or does he forfeit those rights that are not specified in the tenant-landlord contract?

Guilty by association?

Answer 1

absolutely, even though it may not be spelled out in the contract , direct modification resulting in injury from a non authorized modification is a direct liability.

tht's like asking if the tentant swapped out the sub panel for a bigger one and in the process torched the whole complex down killing other tenants.

Answer 2

A personal injury claim is separate and apart from a tenant-landlord contract, which is called a lease.

If the landlord was injured due to his own negligence, which is was it sounds like to me, then he should take the matter up with his insurance company.

But, as a tenant, you have a responsiblity of warning the landlord of anything that is deteriorating or potential unsafe inside of the dwelling you are renting in a timely fashion; otherwise, the landlord will be unable to fix it. If he installed the mirrors, and the tenant subsequently broke one, or noticed that the mirrors were not safe, it would be the tenant's responsiblity to warn the landlord.

Answer 3

The property damage, yes. The bodily damage would depend on how the mirrors were installed and how he was attempting to remove them. If they were properly installed using the right tools and mounting hardware, then the landlord will have a harder time collecting for bodily damage.

Answer 4

He cannot claim the bodily damages. Let me rephrase that-He is not ENTITLED to them. He would have to prove that the tenent was negligent and that the negligence resulted in his injury. When the mirrors went up, it was NOT foreseeable that he would hurt himself taking them off. However, the property damage, yes. Pay for the property damage and make him take you to small claims court for the medical bills.