J
jft2
Guest
I own a 2nd floor 1 bedroom condo in a community of about 150 other condos, each under individual ownership, in New Castle County, Delaware. Since moving out in 1988 I've been renting the unit. In February '00, my tenant slipped and fell on the stairway leading to the entrance of the unit that was piled with unshoveled snow from a recent storm and sustained a serious wrist injury requiring surgery. Recently, he was informed that the injury had done permanent damage and that he would "never have normal use of his right hand again." The accident occurred because the contractor hired to remove the snow from stairs, sidewalks, etc. failed to do so in a timely manner (actually, three days went by before they cleaned the sidewalks; they never did the stairs). My tenant informed me of this after his accident. Under the rules established by the condo association condo owners are responsible for everything from the drywall in (i.e. the interior of the unit itself) plus the heater/air conditioner. Owners pay a REQUIRED fee each month part of which is used to pay a management company charged with, among other things, hiring contractors for grounds upkeep (including snow removal). I, and my tenant, informed the management co. of the accident and the lack of snow removal, which, of course, they denied ever, happened although they received numerous complaints from other owners. My tenant and another owner videotaped and photographed the unshoveled snow as well. Given the lack of responsiveness of the management co. to his/my complaints I suggested that the tenant seek legal advice on the possibly of getting reimbursement for his medical expenses from the management co. or the contractor hired to do the job due to negligence on their part. Here it is a year later and the tenant informs me that his attorney is "frustrated because she cannot get the contractor to return her phone calls" regarding some form of settlement. Now she has suggested to him that I should be held responsible because I "hired the contractor." His response was that I do not do the hiring...the management co. does. Her response to this was, "doesn't he have insurance?" It seems she may be misinformed as to what my role is as the owner and that I have control over issues pertaining to the exterior of the condo unit. I DO NOT, nor does any other unit owner, have the authority to hire/fire any contractor. That is the responsibility of the management co. My question is, am I in any way responsible for my tenants accident when, i) I was not aware of the problem until after the fact; ii) I have no authority, nor is it my responsibility, to hire/fire or supervise contractors hired by the paid management co?
Thank you.
Thank you.