Safety at all Times
I recall a lawsuit filed over injuries which occurred at an apartment in Portland. Basically, a small child was leaning against a window screen of a second or third floor apartment. Well, as you can guess, the screen let go, and the child fell out the window and was severely injured. You may recall singer-songwriter Eric Clapton’s son was killed some years ago in a similar freak accident after he fell out the window of an apartment in New York City.
You would think the apartment owner would be automatically liable, but that the Portland, Maine case went to suit is proof that first impressions are easily mistaken. In some circumstances, the tenant controls the mechanism of injury. In those cases, the Court may find the tenant responsible for their own injuries.
In the Portland case, the mechanism of injury was the window and window screen, and the Court had to determine who “controlled” the window. Who was responsible for its upkeep, its usage? In other words, it was not clear if the Owner or the Tenant controlled the window.
DO NOT ASSUME YOUR OWNER WILL ALWAYS BE LIABLE. In some cases, the tenant can be liable for any injuries which happen because the tenant controls the mechanism of injury.
To avoid problems, it’s always best to be on guard as to safety issues. Your guests are assuming you keep the unit safe. But, have you made it so? Have you identified and tried to eliminate potential causes of injury, such as bad wiring, loose fittings, broken glass, etc?
Also, do not assume a needed repair is the Owner’s responsibility. It’s best to ask. Take the pre-emptive step of checking before something bad happens.
LAST BIT OF ADVICE: Always document requests made to an Owner to repair anything in the apartment you feel is broken. The best defense you can have is that you noticed the owner, you asked for help… document those requests, and keep copies!
Tim Murphy
Padzilla.Com
February 13th, 2010 at 11:36 am
Safety is such an crucial topic that it’s invariably a enjoyment to see these kind of tremendous initiatives place forth to promote health and safety.