QUESTION
Can I sue the landlord since shattered glass went all over my grandchildren?
Asked on Dec 28th, 2011 on Landlord and Tenant Law - Oregon
More details to this question:
Can I sue if shattered glass was all over my 2 granddaughters. They were taking a bath when the glass door came caving in and shattered into pieces. One was rushed to the hospital to get stitches on her leg. One had small cuts. The glass door was put up by a previous tenant of the apartment.
4 ANSWERS
Appellate Practice Attorney serving Bloomfield Hills, MI
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Generally, only a parent can sue of behalf of a child. If you have legal custody, you can sue as guardian or as next-friend.
Answered on Jan 05th, 2012 at 12:29 AM
Maybe. To be liable for damages, the landlord must have been negligent. If the shower door was not properly installed (without regard to whether it was installed by a former tenant or a contractor), then the landlord may be liable for damages if the landlord knew or should have known of the dangerous condition, failed to take corrective action, and his negligence resulted in injuries. If, however, the glass door was properly installed but was being improperly used (i.e., children swinging on the glass door, for example), then the children may have been injured whether or not the glass door was properly installed, in which case the landlord may have no liability. It is also possible that the landlord and the tenant were both partially negligent, thereby resulting in an apportionment of damages.
Answered on Jan 04th, 2012 at 4:47 PM
The landlord would be liable only if he/she knew or should have known that the door presented a danger to you and your guests.
Answered on Jan 04th, 2012 at 4:30 PM
Kevin Elliott Parks
You may potentially be able to recover against the property owner if they suffered injuries and had to receive treatment. You should contact a personal injury attorney in your area immediately.
Answered on Jan 04th, 2012 at 1:17 PM