QUESTION

Do I have the right to sue the landlord because of an oven that caused me burn injury?

Asked on Jun 22nd, 2013 on Landlord and Tenant Law - Utah
More details to this question:
I had an oven that required matches usage to light up. One day, I did the usual only to see a flame coming out burning my hand that was in to light it up and my face. It was 2nd degree burn in some spots. Thank you.
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2 ANSWERS

Family Law Attorney serving Durham, NC at Morelos Law Firm
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You would want to first have you lease read by an attorney to see what it says by way of certain responsibilities and liabilities of the landlord; you would be surprised what kind of things are in a lease especially "between the lines" and with an attorney's legal analysis. But in the likely event that it does not cover a scenario like this, even implicitly, then the chances are slim there would be a good case for liability to the landlord for use of an appliance. Even if your story would say there was no user error or negligence, it would be hard to prove that, as would be any negligence on the part of the landlord. But it could be worth a consult to have an attorney review the lease and otherwise look at any possible legal theories if the lease is silent, especially depending on any other facts/evidence you may have.
Answered on Jun 26th, 2013 at 10:36 AM

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Lisa Hurtado McDonnell
Maybe, if the stove was defective and you reported to the landlord. You should send her a bill for your medical injury. I would also send her a written request her to fix or replace the defective stove.
Answered on Jun 23rd, 2013 at 8:37 PM

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