Is there any legal action I can take for a ceiling fan falling on my guest and I at my apartment complex?
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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 9 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.
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