The duplex i just moved into had all missing screens in windows 13 feet drop to the ground.I told the landlord and he placed two screens in two of the three bedrooms ,leaving one window without a screen or working lock.Two weeks down the road.......my 3 year old son falls 13feet to the ground....breaking his leg and ending up in a body cast.Is this grounds for a lawsuit and if so ...what are the charges?
2007-09-04 23:17:30 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
If you do decide to sue you need to check one thing for your area. Are screens required in rental units? The laws on this vary by locality. Here in Philadelphia the building code requires screens be in all rental units. The law does not state, however that they need to be affixed screens. so if one of the screens in my rental units was ripped or fell out I could replace it with the adjustable kind that you can use for all window sizes.
The reason I ask you to check this is because if they aren't a legal requirement you will have a tough time proving negligence on the landlord's part. If he was required to have them then you can say that he was negligent for not putting them in. you will then have to prove that your son falling tout the window was because of his negligence. Any good attorney will state that if your son opened the window unnoticed and fell out he would have just as easily opened the screen unnoticed and fell out. If the window was already open then the attorney will try to pin negligence charges on you for not watching your son in a room where you knew there was a danger.
Good luck either way. i hope your son recovers from his injuries with no permenant damage.
2007-09-05 03:01:15 · answer #1 · answered by Patrick 5 · 1⤊ 0⤋
It will be a suit in negligence. You will have to prove: 1. existence of a dangerous condition; 2. notice to the landlord of the condition; 3. followed by a reasonable chance to fix the condition; 4. the failure to fix the condition; and finally, 5. an injury caused by the condition.
Now to complicate things: some states have laws saying that if the person injured (in this case, you, as the guardian of a small child) were contributorily negligent, you lose your right to recover from the other party. In other words, you will have to explain what you did, if anything, to prevent your child from using the window that you knew was dangerous, and to show that you yourself were not negligent, too.
The landlord might be represented by his homeowner insurance policy.
2007-09-05 00:33:04 · answer #2 · answered by AnOrdinaryGuy 5 · 2⤊ 0⤋
No, but your son could sue YOU!
Screens are NOT a safety feature! Their only purpose is to keep out insects. YOU are responsible for ensuring the safety of your child!
Unless the law requires safety bars or window locks (as in NYC, for example) you have no claim against the landlord whatsoever. Your child does have a claim against YOU, however.
2007-09-05 01:44:53 · answer #3 · answered by Bostonian In MO 7 · 5⤊ 0⤋
You probably do but take into mind that these things go on for years---a lot of stress and time waste never mind the expense. Initially you need to see a lawyer just remember that he gets paid for his time whereas you do not....perhaps you could negotiate with the landlord for a rent reduction because of his negligence ?.
2007-09-05 00:11:49 · answer #4 · answered by njss 6 · 0⤊ 1⤋
You can definitely sue but keep in mind they could argue negligence on your part as well. Your best bet is to contact an attorney, preferably one that works pro bono (meaning they don't get paid until you do).
2007-09-04 23:38:05 · answer #5 · answered by SloBoMo 5 · 2⤊ 1⤋
Yes you probably do have a resonable lawsuit. It is the landlords responsibilty to provide you with a safe and secure living environment. For example, if the landlord didn't provide you with adequate locks and someone broke in and stole your stuff, you could sue. I'm not exactly sure what the charges are called though...can't remember.
2007-09-04 23:23:43 · answer #6 · answered by The Sh*t 6 · 0⤊ 4⤋
If that bedroom didn't have a screen you should not have allowed your son to go in it, keep him on a lead or something.
If he had died, no lawsuit would have brought him back.
Now good luck with the lawsuit, I can think of nothing I'd rather spend my time doing.
I welcome all thumbs down from bad mothers, you are most likely divorced as well, lol.
2007-09-04 23:36:45 · answer #7 · answered by robert s 3 · 7⤊ 2⤋
negligence resulting to physical injuries?
2007-09-04 23:25:43 · answer #8 · answered by fatbluerat 2 · 0⤊ 3⤋