Best course of action for accident in rental apt??
I rent an apt. in an old building. My boyfriend is not on the lease, but does stay at my place occasionally. One side of my apt. faces out to a brick wall, with approx. 4' to 5' between the buildings. I am not sure who owns the next building-it used to be an old bank, and now stands empty. To make a long story short(er), on Dec. 20th something hit one of my windows on that side, causing it to crack. When my bf tried to open the window to see what it was (it appeared to be a rain gutter that may have been filled with ice due to weather), the window and part of the frame broke out and a huge piece of glass went thru my bf's thumb, requiring 12 stitches and a large upcoming E.R. bill... I know I need to notify the landlord about the window, but I'm not sure what steps I should take after that. Who should be required to pay for hospital bills/repairs?? Should we even bother?? Any advice would be great :)
2008-01-03T21:19:40Z
I live in Pennsylvania. I pointed out the fact of the bf, because though he is not on the lease, he was a guest in my home (and we get along just fine).
2008-01-03T21:22:27Z
Also, in regards to the window, we still have the big pieces of glass, showing that is was done from the outside in, so to speak. I am not out to sue my landlord, but more in terms of who is more responsible to take care of damages, my landlord or whoever owns the other building...
raichasays2008-01-03T21:07:54Z
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You don't say where you live and laws vary from place to place.
But--I would report this to the landlord asap. (How can you wait so long in the winter without freezing?) Whether the landlord is responsible to fix the window or whether you are depends on your lease and the laws where you live.
As for the medical bills, your "guest" should inform the landlord and ask for the property liability insurance information. Your guests should be able to make a claim against that insurance for injuries that occur on the property. Your BF doesn't have to be on the lease to make this claim.
This answer is based on your limited facts and may be completely wrong depending on where you live and the terms of your lease. But generally, this how things work in the US.
Depending on what your out-of-pocket expenses are, you could take the landlord or the responsible party to small claims court. If you would feel better contacting an attorney, you can take that route as well. There may have been a defective window and since the owner of the building is responsible for its safe upkeep, they are responsible for any injuries caused by the lack of upkeep.
Definitely tell your landlord about the accidental breakage, and how it happened. He should have a responsibility to fix it. As for the boyfriend, he wasn't there with the landlord's consent, was he? Does your lease allow you to have sleep-over male companions?...Anyways, do YOU have renter's liability ins? You could be liable for his medical bills (if he chose to pursue seeking compensation.) It's like a homeowner being liable for anyone that gets injured on his property, whether invited, or not...like salesmen, etc. I have known of burglars suing their victims for being injured during a break-in...and winning the suit. Be careful, and informed when getting into situations where you could be held liable.
Good Luck ! Hope it works out and that your bf gets along OK.
Typically, personal medical insurance helps to avoid long, drawn-out lawsuits to establish liability. Only if no option of medical insurance exists do you have any chance of suing for recovery. Window frame damage is not common and would help the case, but only if you have pictures and professional testimony to show that the damage occurred from outside causes.
Get a Personal Injury Lawyer. If your boyfriend didn't stay there, and came to fix the window, he was acting in the best interest of the owner. Injury occured in the act of a deed of good faith - you should seek compensation for his injuries. I'm not sue happy, but that woiuld have happened to whomever tried to fix it.