A Woman is Injured When Cleaning a Kitchen Cabinet: Is the Apartment Owner Responsible?
Anyone who owns property is responsible for doing what’s reasonable to ensure that their property is safe and free of hazards. If an accident occurs on someone’s property, and that accident was due to negligence, unsafe equipment, or recklessness, a serious injury could occur. In that case, the owner of the property may be held responsible via a premises liability lawsuit. Not every case qualifies but you can find out if your does by calling Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
An interesting case: A woman falls during apartment cleaning
A case that’s been raising eyebrows recently involves a woman in another state. She was visiting the apartment of her daughter and was trying to help said daughter with some cleaning. Unfortunately, the cleaning came to an end when the mother suffered a permanent injury in the apartment. She filed a premises liability lawsuit against the owners of the apartment.
The lawsuit alleges that the woman went to her daughter’s apartment and climbed on to a counter to clean off the top of the refrigerator. As the mother was kneeling on her daughter’s counter, a cabinet fell off and fell onto the woman. She was thrown across the room as a result and suffered from a fractured bone.
The lawsuit alleges that the owners of the apartment complex didn’t properly secure the cabinets to the walls. She holds that if the cabinets were properly secured, they wouldn’t have fallen on her. It may be true that fractured bones are relatively common, but the woman has still had to pay medical bills. She has suffered a decrease in the amount she can enjoy life. With these damages, she is looking for compensation from the owner of the apartment complex.
Our take on this premises liability case
It’s hard to prove that an injury was the direct result of the owner of a property. It’s often the case that a property owner couldn’t have done anything to prevent the accident, or that the cause of the accident was sufficiently unknown.
That said, it’s also true that many accidents and injuries are directly caused by a property owner not living up to their requirements to maintain their property. These accidents are also often caused by preventable hazards that the property owner should have known about.
Which case does this particular lawsuit fall into? At this point, there isn’t enough information to know. The defendant is likely to argue that the cabinets were not meant to bear the weight of a person. The victim will likely try to prove that the cabinets were faulty and / or of poor enough quality that the owner was at fault.
Either way, it’s good that this woman has contacted a personal injury attorney who can help her assess her options. If you’re in a similar case, then we urge you to contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.