Premises Liability

Frequently asked questions:

Q: I was injured when I fell through a painted over skylight on the roof of my apartment building while tanning myself; can I bring a lawsuit against the owner of my building?

A: That depends on whether you were permitted to be up there, or whether the building owner was aware of people going on the roof for that purpose and did not make any attempt to stop it. It also depends on how obvious the skylight was and why it was painted over.

Q: I was hurt when the elevator in an office building I was visiting plunged about 5 stories without warning; can I bring a lawsuit? Who would I sue?

A: Since generally speaking an elevator should not act in this manner, it is likely that you would have a viable case; however, an investigation would have to be done to find out why the elevator did this and whether someone was at fault. In all likelihood, a case could be brought against the building owner, the elevator maintenance company, and perhaps the elevator manufacturer (if the problem was due to some design defect in the elevator, as opposed to a pure maintenance problem).