Tenant's Daughter Sustains Head Injury From Falling Concrete
by
Joseph C. Maya on May. 01, 2017
Accident & Injury Personal Injury Real Estate Landlord-Tenant Lawsuit & Dispute Lawsuit
Summary: Blog post about the liability of a landlord when one tenant's minor child accidentally injures another tenant's minor child.
Contact the personal injury attorneys at Maya Murphy, P.C. today. We can help you get the just compensation you deserve for your injuries or those of a loved one. For a free initial consultation, call 203-221-3100 or email JMaya@Mayalaw.com.
The plaintiff and her minor daughter sought to recover damages from the defendant owner of apartment building for personal injuries the daughter sustained when another tenant, whom was 10 years old, removed a piece of concrete from the backyard of the building, carried it up to the third floor apartment, and dropped it from a window onto the daughter’s head. The children of the apartment used the backyard as a playground. The plaintiff claims that the defendant homeowner failed to remove debris from the premises, which in themselves were an inherent danger to others. The plaintiff appealed when the trial court granted the defendant's motion to dismiss her claim.
The Connecticut Supreme Court found that the trial court improperly granted the landlord’s motion for summary judgment because the seven-year-old victim and her mother were entitled to a jury determination of their claim that the landlord bore at least some responsibility for the victim’s injuries under Conn. Gen. Stat. § 47a-7(a)(3).
The trial court improperly granted the landlord’s motion for summary judgment because the seven-year-old victim and her mother were entitled to a jury determination of their claim that the landlord bore at least some responsibility for the victim’s injuries under Conn. Gen. Stat. § 47a-7(a)(3). There was a risk of harm created by the landlord’s failure to remove the buckets, trash, broken concrete pieces and other debris from the backyard and the fact that the injury occurred in an unusual manner, namely, by a child dropping a piece of concrete into the backyard playground from a third floor balcony onto the victim’s head instead of throwing it while in the backyard, did not alter the foreseeability of harm. The injury resulting from the breach of duty did not need to be the direct or immediate result of the wrongful act. Judgment of the appellate court affirmed.
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Ruiz v. Victory Props., LLC, 315 Conn. 320 (Conn. Jan. 20, 2015)
