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  1. #11
    Join Date
    Dec 2018
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    168

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting free9man
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    A property owner can deny it, yes. But if there are enough damages to make it worth suing, you can rest assured the attorney will do everything they can to prove that to be a lie. Subpoena maintenance records & emails, depose maintenance personnel, you name it.

    No, because it is cheaper to hand out some go away money than fight it in court.
    The whole process is pretty simple, isn't it?

  2. #12
    Join Date
    Jul 2010
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    7,603

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Chuck77
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    The whole process is pretty simple, isn't it?
    Depending on the totality of the circumstances, it can be somewhat simple.

    I wonder why the moderator felt it appropriate to delete our other posts?

  3. #13
    Join Date
    Dec 2018
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    168

    Default Re: Premise Liability - Apartment Complex

    Well, I would like someone here to show that pre-knowledge of a hazardous condition on a property is the overwhelming pivotal factor when determining liability? Just claiming it over and over doesn't make it so. So, where's the proof?

    Where are cases, for example, that when an air conditioning unit falls off a roof and kills someone below, that the property owner/insurance company are found not liable because they did not know the bolts were rotted through?

    Pre-knowledge is not the overwhelming determining factor in work accidents, auto accidents or personal accidents. So where is the proof that it makes ALL THE DIFFERENCE in property accidents?

  4. #14
    Join Date
    Jul 2010
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    7,603

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Chuck77
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    Where is a case, for example, that when an air conditioning unit falls off a roof, kills someone below, and the property owner/insurance company are found not liable because they did not know the bolts were rotted through?
    If an air conditioning unit falls off a roof, that must have been a heck of a wind gust to get it moving or the building came down with it. Commercial roof A/C units I've seen aren't mounted close enough to the edge to actually be able to fall off.

    But I'll play along: I would argue in this particular set of facts that the property owner would be at least partially liable because AC units should be regularly inspected so it should have been caught unless it was a really sudden degradation in the bolts. If the bolts suffered from a manufacturing defect, liability would probably apply to the manufacturer as well.

  5. #15
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting free9man
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    If an air conditioning unit falls off a roof, that must have been a heck of a wind gust to get it moving or the building came down with it. Commercial roof A/C units I've seen aren't mounted close enough to the edge to actually be able to fall off.

    But I'll play along: I would argue in this particular set of facts that the property owner would be at least partially liable because AC units should be regularly inspected so it should have been caught unless it was a really sudden degradation in the bolts. If the bolts suffered from a manufacturing defect, liability would probably apply to the manufacturer as well.
    You are failing to state a case that supports your claim. Can anyone else here?

  6. #16
    Join Date
    Jul 2010
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    7,603

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Chuck77
    View Post
    You are failing to state a case that supports your claim. Can anyone else here?
    Which claim is that? I'm just responding to your scenario.

  7. #17
    Join Date
    Oct 2006
    Posts
    15,274

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Chuck77
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    You are failing to state a case that supports your claim. Can anyone else here?
    What are you talking about. That was very clear.

  8. #18
    Join Date
    Dec 2018
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    168

    Default Re: Premise Liability - Apartment Complex

    OMG. I'm still waiting.

  9. #19
    Join Date
    Oct 2006
    Posts
    15,274

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Chuck77
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    OMG. I'm still waiting.
    And you will continue to wait since no one understands what you are talking about.

  10. #20
    Join Date
    Jul 2010
    Posts
    7,603

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting llworking
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    And you will continue to wait since no one understands what you are talking about.
    He wants us to explain the common law concept of latent defects and "you can't hold someone liable if they didn't know or shouldn't/couldn't have known there was an unsafe condition". He thinks that because prior knowledge isn't a big issue in work accidents, auto accidents or personal accidents that it can't possibly be in property accidents. What he fails to grasp is that those other forms of accidents are often caused by negligent operation so prior knowledge of a hazardous condition isn't normally a factor. It can be a factor though:

    If an employee is hurt on a ladder the company knows is defective...voila!

    If someone has an accident because their brakes were bad and they hadn't had them serviced/checked in years...voila!

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