Legal Question in Real Estate Law in Florida

Daughter injured by broken closet door

We are the landlords and the new tenants daughter was injured on their first day when a closet door fell off its hinges( the painters had not replaced them - unknown to us - after painting the house a week ago.)She needed a stitch in the scalp .

The lease wasn;t due to start until July 1st but we let them in early as a courtesy. They have now moved out - before their lease date starts and refuse to pay anything using the threat of a lawsuit for the injury and trauma it has caused. We have already offered to pay med expenses and let them out of the lease but feel that one months rent should be paid.

How liable are we for the injury and could we counter sue for their breach of contract.


Asked on 7/01/02, 9:50 am

3 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Daughter injured by broken closet door

If you knew or should have known of the defective door you are responsible. Notify your insurance carrier. A parent cannot release a child's claim without court approval. Forget about the months rent and hope they go away.

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Answered on 7/01/02, 12:23 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Daughter injured by broken closet door

One month rent should be the least of your concerns. If you knew or should have known that the door was defective or should have been replaced, you may be liable for the child's injuries. Be nice and hope that a formal claim is not made. In the meantime, put your insurance carrier on notice of the incident.

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Answered on 7/01/02, 4:29 pm
Randall Gilbert Gilbert & Caddy P.A.

Re: Daughter injured by broken closet door

I agree with the other two attorneys' advice. Additionally, if you are going to pay for the child's medical treatment and allow them out of the lease, then try to secure a mutual release so that you are not sued in the future for the child's injuries.

Additionally, you may have a cause of action against the painters for indemnification, to recover any amounts paid out to the child in settling their case, plus possibly for negligently causing you to lose a tenant. Should you have any other questions, you may contact me at (305) 769-3000. Good luck.

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Answered on 7/01/02, 8:39 pm


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