Is there any legal action I can take for a ceiling fan falling on my guest and I at my apartment complex?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is there any legal action I can take for a ceiling fan falling on my guest and I at my apartment complex?

My child who is 2 1/2 weeks old my guest and I were sitting on the floor relaxing in my living room that happens to have a ceiling fan and we were sitting under it. She had fell asleep so I took her into the bedroom for her to continue sleeping. I came back into the living room to watch TV with my guest and about 10-15 minutes later the ceiling fan fell out of the ceiling landing on my guest and I leaving a bruise on me and left them with a a sore ankle.

Asked on June 23, 2015 under Personal Injury, Kansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) First, the building (i.e. the landlord) would only be liable if they were at fault in some way. In a case like this, that would typically mean that an employee installed the fan incorrectly, or that you had complained that the fan seemed loose, but that despite having knowledge of a possibly dangerous situation, failed to take any action to correct the situation. However, if they were not at fault--maybe you or a  guest or child had pulled on the fan loosening it; or it had been there for, say, 10 - 12 years since installtion and just happened to work loose--they would not be liable.

2) Even if they were at fault, you can only recover compensation for actual out-of-pocket medical costs, lost wages (if any), and "pain and suffering" for injuries causing substantial life impairment for weeks (at least), months, or more. Based on what you have written, you and your guest would be entitled to little or no compensation--you could spend more on a lawsut than you would recover.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption