Quote:
Originally Posted by z3ro
Easy;
Apartment failed to maintain a certain level of safety, otherwise called negligence.
Shed falls
Sue
property damage
n. injury to real or personal property through another's negligence, willful destruction or by some act of nature. In lawsuits for damages caused by negligence or a willful act, property damage is distinguished from personal injury. Property damage may include harm to an automobile, a fence, a tree, a home or any other possession. The amount of recovery for property damage may be established by evidence of replacement value, cost of repairs, loss of use until repaired or replaced or, in the case of heirlooms or very personal items (e.g. wedding pictures), by subjective testimony as to sentimental value.
Plus you can always sue for your court costs and attorney's fees.
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Honestly, this would most likely never even make it to court as the management company would most likely settle the minute you got a lawyer involved. This is why they have property insurance and they would simply make a claim.
I sat in two condo associations and can tell you we had to have insurance for just these types of reasons. This is not force majeure, there was not catastrophic storm or earthquake that caused this, clearly the structure was weakened and most likely not up to code.