Premises liability is probably something that all landlords think about but hope they never have to deal with the litigation that follows. In most cases of premises liability, landlords are sued by their tenants or other people on their property, who have received injury as a result of an accident on the property. And while some cases can be as simple as paying for the person’s medical bills, other cases may not be as straightforward.
Michigan landlord’s can take a case out of Louisiana as an example. This month, an occupant from an apartment complex is suing his landlord after a light fixture fell from the ceiling and landed on his head. But on top of asking for medical expenses to be paid, he is also seeking compensation for non-monetary damages as well.
According to his lawsuit, the man seeks compensation for severe physical pain, as well as emotional distress and embarrassment. While some residents in Michigan may find damages such as this ridiculous to imagine, these types of requests are often seen in premises liability cases. But because non-monetary damages are subjective, some judges may not consider all of an alleged victim’s requests when awarding a summary judgment.
Cases such as this point out how important it is for landlords to make sure that they are properly maintaining their properties at all time. Ensuring the safety of their tenants should be a top priority. Any resident who feels otherwise or feels that their landlord knows of a danger and is failing to remedy the problem, can potentially bring serious litigation against a landlord. It’s a situation, as we said before, few landlords want to find themselves in.
Source: The Louisiana Record, “Pontchartrain Oak Apartments sued by tenant struck by light fixture,” Tia Benton, May 10, 2013