Bat bite

[bethlins]

Missouri. I live in a condo complex. Recently a bat got into my condo and bit me during the night. He had made a nest in the siding along side my condo and my neighbor's front porch. The siding was loose. The bat made it's way to my attic and to an opening in upper level while I slept. Is the condo association responsible for my medical bills (rabies shots) and lost work time, since it is their responsibility to take care of the outside of the condos? My bills will amount to a great deal.

 

[ecmst12]

I'm gonna go with NO on that. You are responsible for the inside of your condo including the attic. And the association can't possibly be expected to take care of a problem they have no way of knowing about.

 

[bethlins]

I'm gonna go with NO on that. You are responsible for the inside of your condo including the attic. And the association can't possibly be expected to take care of a problem they have no way of knowing about.

They are responsible for the siding on the outside though.

 

[justalayman]

They are responsible for the siding on the outside though.

great. They can fix it then but the point was, unless there was some reason they should have known there was a problem with the siding, they are not going to be held liable for an incident caused by it.

On top of that, what deficiency in the interior walls or ceiling allowed the animal to enter your habitable space? That is your obligation to maintain.

 

[tranquility]

They are responsible for the siding on the outside though.

The claim would be for negligence. Duty, breach, causation and damages. But, the problem here will be "causation" (Maybe "duty" depending on the theory.). You have the actions of an animal that is not reasonably related to the duty to keep the siding intact. If you had suffered water damages or something like that, that would be reasonably forseeable. Unless there was a specific problem with rabid bats getting into the condos and the siding was then determined to be important to that and the duty shifted to the best to handle it, I don't see a case.

It's hard to really explain in a short paragraph. Google "proximate cause" for more.

 

[bethlins]

The claim would be for negligence. Duty, breach, causation and damages. But, the problem here will be "causation" (Maybe "duty" depending on the theory.). You have the actions of an animal that is not reasonably related to the duty to keep the siding intact. If you had suffered water damages or something like that, that would be reasonably forseeable. Unless there was a specific problem with rabid bats getting into the condos and the siding was then determined to be important to that and the duty shifted to the best to handle it, I don't see a case.

It's hard to really explain in a short paragraph. Google "proximate cause" for more.

Had a lawyer tell me that because the condo association does not do yearly maintenance checks that there is a chance they are liable. And they knew that bats were in a tree in the drive but failed to notify anyone on the street.

 

[ecmst12]

Did the lawyer take your case on contingency or did they want a retainer?

 

[justalayman]

Bats are a natural occurance. The COA has no obligation to warn you of bats, robins, hummingbirds, raccoon, squirrels, pigeons, spiders, mice, mosquitoes, bees, or any other animal insect, bacteria, or virus that could be found wandering about the area.

Had a lawyer tell me that because the condo association does not do yearly maintenance checks that there is a chance they are liable.

Do not be surprised when the COA attorney comes back with a defense that the situation with the siding was not obvious nor known to them and as such, they bear no liability for the bats.

Depending on how these condos are built and the specific rules in place, they may not even be liable for exterior conditions of the building.

then, even if you can hang some liability on them, apparently you failed to maintain the interior of your premises in such a manner that would have prevented the bats from entering the habitable space. That puts culpability on you as well.

 

[bethlins]

Bats are a natural occurance. The COA has no obligation to warn you of bats, robins, hummingbirds, raccoon, squirrels, pigeons, spiders, mice, mosquitoes, bees, or any other animal insect, bacteria, or virus that could be found wandering about the area.



Do not be surprised when the COA attorney comes back with a defense that the situation with the siding was not obvious nor known to them and as such, they bear no liability for the bats.

Depending on how these condos are built and the specific rules in place, they may not even be liable for exterior conditions of the building.

then, even if you can hang some liability on them, apparently you failed to maintain the interior of your premises in such a manner that would have prevented the bats from entering the habitable space. That puts culpability on you as well.

The lawyer was just offering free advice. I have not retained anyone yet. My smoke detector had broke and I had removed it to be replaced with a new one which had not been done yet. Left a whole in my wall just big enough for the bat to get through. The interior of the condo is very well maintained except for that one item. The COA president made that remark when he was at my condo that day talking to the pest inspector.

 

[ecmst12]

I don't think you have even a TINY chance of prevailing, with a big hole in your wall that you darn well knew was there.

 

[Banned_Princess]

Are you trying to say this bat, stalked you down in your bedroom, just to bite you? have you been feeling the desire to taste blood?

in through a breach in the sideing, in to the attic, find a small enough hole he can just squeeze through, over to you while you were asleep, landed on you unprovolked, and bit you. . .

 

[bethlins]

Are you trying to say this bat, stalked you down in your bedroom, just to bite you? have you been feeling the desire to taste blood?

in through a breach in the sideing, in to the attic, find a small enough hole he can just squeeze through, over to you while you were asleep, landed on you unprovolked, and bit you. . .

Really??!!! The hole in the wall was at the most 1 inch. No desire for blood funny person. Just lucky I did not get rabies. Nuf said!

 

[Banned_Princess]

Really??!!! The hole in the wall was at the most 1 inch. No desire for blood funny person. Just lucky I did not get rabies. Nuf said!

That was a freak occurrence that no one is responsible for if you aren't responsible to cover holes in the wall to keep out rodents, then why is the HOA responsible for not knowing there were 1inch bats around to get in a breach in the siding they didn't know about. and who drills holes in the wall to mount a smoke detector anyway?

DO you expect the judge would find it unreasonable that they don't inspect every 1 inches of all the siding all around the house on a regular basis? do you think he will find it reasonable that you did nothing about the holes in your walls, the whole inch of it. (Which I seriously doubt a bat got threw to bite you, what was it, a tiny fly bat?)

 

[justalayman]

Banned_Princess;3103614]

and who drills holes in the wall to mount a smoke detector anyway?

anymore, all smoke detectors in a building are generally interconnected. That means there is wiring running from one to another. In a condo building, they all might be interconnected into a common system so if the alarm goes off in one unit, it will trigger the alarm in all units so everybody in the building is warned.

 

[Banned_Princess]

anymore, all smoke detectors in a building are generally interconnected. That means there is wiring running from one to another. In a condo building, they all might be interconnected into a common system so if the alarm goes off in one unit, it will trigger the alarm in all units so everybody in the building is warned.

Ah, I see, that makes sense that they would be wiring holes... and do you think rodents like bats can get through the wiring holes?

And I like your new sig. lol.