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  1. #21
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting free9man
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    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!
    Well, you keep on telling folks that they are not due any compensation when that AC unit falls on their child's head and kills him. It's in line with the rest of the doom and gloom advice given here.

    What do you basically tell them "go home, shut up and pay up...and learn something from it?"

  2. #22
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Chuck77
    View Post
    Well, you keep on telling folks that they are not due any compensation when that AC unit falls on their child's head and kills him. It's in line with the rest of the doom and gloom advice given here.
    What AC unit? Are you referring back to the scenario you posited in an earlier post? If so, I clearly indicated that if that happened that there was a chance some liability would exist. But since rooftop AC units are highly unlikely to the point of near impossbility to fall onto a child, it's a moot point.

    Now if you are talking about a window unit, again there may be some liability for the property owner if they provided the unit. There may also be liability to the unit occupant, depending on the full facts of the situation.

    That being said, unless the parents ask for a whole lot of money, a child being killed is likely to be settled out of court for an undisclosed sum for PR purposes.

  3. #23
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting free9man
    View Post
    What AC unit? Are you referring back to the scenario you posited in an earlier post? If so, I clearly indicated that if that happened that there was a chance some liability would exist. But since rooftop AC units are highly unlikely to the point of near impossbility to fall onto a child, it's a moot point.

    Now if you are talking about a window unit, again there may be some liability for the property owner if they provided the unit. There may also be liability to the unit occupant, depending on the full facts of the situation.

    That being said, unless the parents ask for a whole lot of money, a child being killed is likely to be settled out of court for an undisclosed sum for PR purposes.
    Reading your stuff cracks me up. I should really stop responding to it.

    But, it must feel good speaking with such conviction...so early in the morning...along with that cup of coffee.

    Btw- The AC unit was similar to the metaphor of a piano falling on someone's head. And no, I'm not talking about pianos now.

  4. #24
    Join Date
    Jul 2010
    Posts
    7,600

    Default Re: Premise Liability - Apartment Complex

    So you got nothing, as usual. Gotcha. Someone actually agrees with you to an extent and you still have to behave like a petulant child.

    P.S. I don't drink coffee.

  5. #25
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Premise Liability - Apartment Complex

    Quote Quoting free9man
    View Post
    So you got nothing, as usual. Gotcha. Someone actually agrees with you to an extent and you still have to behave like a petulant child.

    P.S. I don't drink coffee.
    Again, glossing over my point of enjoying speaking with conviction on subjects you know little about.

    Green light on. Green light off. Make up your mind. I'd say you fit more in with the 'green light off guys.'

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