Legal Question in Landlord & Tenant Law in Nebraska
Property damage
my son slipped and fell in front of our apartment complex last February on ice and damaged his IPOD, their insurance is denying any resposnibility, do i have a chance of winning if i take them to small claims?
2 Answers from Attorneys
Re: Property damage
There's always a chance. You will need to do a lot of research to determine whether you can prove that apartment complex was negligent. They are not liable simply because it occurred on their property. Follow this link to learn more about small claims. http://cdp3t0c1.cdp.state.ne.us/jcf/#
Re: Property damage
Ok, you can risk being laughed out of court, but sure, go ahead and try.
Why? Because even if you do prove there was negligence, property damage is NOT likely to be an element of damages UNLESS there is personal injury.
Damage to an ipod is just not within the scope of foreseeability required to impose a responsibility on a landlord to clear his sidewalk.
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