How To Determine Fault In A Ceiling Collapse Accident
Posted on April 2, 2022 in Premises Liability
In the blink of an eye, when you least expect it, your ceiling comes crashing down. After getting the medical treatment you need, you may also plan to pursue legal action. When ceiling disasters happen, you and your loved ones are at high risk of sustaining severe injuries such as bone fractures, internal bleeding, and deep cuts that have pretty serious physical and mental consequences. However, whether you will be compensated for your loss heavily depends on various factors covered in this article today.
Proving Constructive Notice
A proven constructive notice means that the ceiling condition had been pre-existing when you rented the apartment unit. In this argument, you may not have informed or complained about this issue to the property management company or landlord (even though you should). Still, they most likely knew about this issue from the previous renter before you.
If there was evidence or proof that the tenant before you had complained about this issue but yet did not take action to remedy it, they would most likely be found negligent and liable for the ceiling collapse. This considers the assumption that the leasing party should have taken reasonable care of the property’s condition and should have been addressed it before it was rented out to you.
Proving Actual Notice
If you are renting a property from the landlord, chances are you would have reported any signs of cracks, chips, damages, or danger before the ceiling collapsed. In this case, determining fault would require you to prove notice, which means that you will need to show and confirm that you have communicated to the property management company or landlord about the situation before the incident.
This could be through various communication channels, including calls, texts, emails, letters, or spoken communication. However, if inadequate measures are not taken to address the issue, which resulted in the ceiling collapse – in that case, the property management company or landlord will most likely be found negligent in their responsibility as the management party. They will also be liable for the damages caused, including your medical treatment bills, repair, and maintenance costs, and other types of compensation (such as emotional distresses).
Landlord or Property Management Company Caused the Condition
This would be most likely to occur if you’re living in a multilevel housing complex, where the property management company may be conducting some maintenance or repair works at the level above you. Hypothetically, this could cause issues in the structural integrity of your home and the cement and sheetrock in the ceiling above to weaken and collapse as a result. In this case, their affirmative action of performing the maintenance and repair work proves that they were liable and responsible for the ceiling collapse, which has endangered your life.
Partner with Pazer, Epstein, Jaffe & Fein, P.C Lawyers for Your Ceiling Collapse Cases
At Pazer, Epstein, Jaffe & Fein, P.C., we understand the struggles and challenges you face when caught in a situation that you have no control over. Our lawyers are committed to helping you get the best possible outcome for the physical and emotional damages you have experienced. When you partner with us, we promise to fight the good fight alongside you and advise you of the legal rights you are entitled to.