Ceiling fan fell on tenant’s head.

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Ceiling fan fell on tenant’s head.

The tenant got little bruise on head.Went to doctor and took x-ray skull and it is clear.The tenant office has fixed the new fan and the landlord’s insurance company called the tenant and asked what we are expecting.we dont know what to ask.we said the medical expenses and one month rent comp. off.we want your advice whether we need to ask more compensation (or) what else we need to do ?

Asked on June 18, 2009 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Compensation for torts is linked to the injury done; if somone is injured by negligence or product liability, they should be made an amount equal to out of pocket losses (like medical bills or lost income); some reasonable amount for pain and suffering (if they are experiencing pain and suffering); and if the cause of the injury was grossly negligent or willful, possibly some punative damages.

In this case, a bump on the head, some pain and some inconvenience--it should like medical bills plus any  lost time (if any time was taken off) would be at the low end of fair, and medical bills, lost time, and one month free rent would be on the high end of fair. I think you asked for a reasonable request, but should not be surprised if they just want to take care of the direct out of pocket costs.


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