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Injured cousin at rental property

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MtLandOwner

Junior Member
What is the name of your state (only U.S. law)? New York

My cousin was injured at her rental property (apt). The roofing haven't been very well maintained. One side of the roof is missing several shingles and the side where i believe the single fell from there's a few cracked and missing pieces from other shingles. I believe its some kind of slate material used. Every so often in the summer you would see fallen shingles show where on the property.

A few days ago a piece of shingle fell off the roof and hit her in her head. At first she thought it was a piece of snow/ice that hit her in her head but realized a piece of shingle. It weighed about a pound. It fallen about 20 feet.

She instantly got a headache. She went to the dr and they she has a very mild concussion. It surprised me because i didn't think a 1 pound shingle would do that.

Its hard to take pics of the roof. I told my cousin that she should document it and keep the piece of shingle that fell on her. She's being hard headed saying that the landlord will deny liability and say that she's always late with her rent. Would it matter if she's late with her rent sometimes? She hate legal battles but i told het concussion aren't something to take lightly.

I'm sure most towns have maintenance codes regarding loose and missing shingles. I told her to contact the inspector and have them come out so they can document it. I believe most warning and violations are public and she would be able to receive a copy of it.

Do you think the landlord would be liable for her injury? Would the missing shingles on the other side of the roof prove that it wasn't maintained properly?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? New York

My cousin was injured at her rental property (apt). The roofing haven't been very well maintained. One side of the roof is missing several shingles and the side where i believe the single fell from there's a few cracked and missing pieces from other shingles. I believe its some kind of slate material used. Every so often in the summer you would see fallen shingles show where on the property.

A few days ago a piece of shingle fell off the roof and hit her in her head. At first she thought it was a piece of snow/ice that hit her in her head but realized a piece of shingle. It weighed about a pound. It fallen about 20 feet.

She instantly got a headache. She went to the dr and they she has a very mild concussion. It surprised me because i didn't think a 1 pound shingle would do that.

Its hard to take pics of the roof. I told my cousin that she should document it and keep the piece of shingle that fell on her. She's being hard headed saying that the landlord will deny liability and say that she's always late with her rent. Would it matter if she's late with her rent sometimes? She hate legal battles but i told het concussion aren't something to take lightly.

I'm sure most towns have maintenance codes regarding loose and missing shingles. I told her to contact the inspector and have them come out so they can document it. I believe most warning and violations are public and she would be able to receive a copy of it.

Do you think the landlord would be liable for her injury? Would the missing shingles on the other side of the roof prove that it wasn't maintained properly?
Your cousin should speak to a personal injury attorney in her area if she has medical costs that she believes should be covered by the landlord. If the landlord was unaware and had never been notified that shingles were loose and falling, however - and if a regular inspection of the premises by the landlord would not detect the problem - there could be a problem showing landlord negligence.

The late rent is a separate issue. The landlord can move to evict your cousin if she has breached the terms of the lease, this even if she decides to pursue a legal action against the landlord over the fallen shingle. The eviction would not be considered a retaliatory action.

You can encourage your cousin to speak to an attorney but it is up to your cousin to decide what action (if any) to take.
 

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