Three Recent Verdicts That Emphasize That Landlords Should Look Before Their Tenants Leap

LEGAL NEWS by KEVIN KNIGHT

THREE RECENT VERDICTS THAT EMPHASIZE THAT LANDLORDS SHOULD LOOK BEFORE THEIR TENANTS LEAP

Everyone is familiar with that old saw that “you should look before you leap.” Given the proliferation of slip and falls and trip and falls in landlord tenant type scenarios, it has to be modified. Landlords need to look before their TENANTS leap! This article offers a few examples…..

Franklin v Stursberg, Indian River County Case No: 18-CA-735 (Judge Janet Croom 7/10/19):

FACTS: Franklin sued 4 people who owned the home that Franklin rented. Franklin had tripped over a raised sidewalk and sustained a wrist fracture and a hip fracture and had to have surgery. Franklin claimed that the owners were negligent in allowing the raised sidewalk to exist. In response, the owners asserted that Franklin was negligent for not paying attention where she (79 years old) was walking.

VERDICT: The jury found Franklin 50% at fault and the owners 50% at fault. The jury awarded $188,193 which would be “cut in half” based on Franklin’s negligence.

Martinez v Sunrise Mills, Broward County Case No: 16-CA-21628 (Judge William Haury 3/24/19):

FACTS: Martinez tripped and fell in a loading area and she asserted that the condition was dangerous because there was uneven, broken and cracked concrete. Sunrise Mills denied that the condition was dangerous. Mills further asserted that Martinez had failed to use appropriate caution walking in the area.

VERDICT: The jury deliberated for about 4 hours and found that Martinez was 80% comparatively negligent and Sunrise Mills was 20% negligent. They awarded $169,804 in gross damages for past and future medical expenses. They didn’t award any loss of income or pain and suffering. After the jury ruled, the court entered an “additur” and awarded $33k for past loss of wages and $450,000 in past and future pain and suffering for a total of $652,804. This amount would be reduced by 80% for Martinez’s negligence. Buchanon v J&A Equities, Hartford County CT Case No: 16-6073076 (8/14/19):

FACTS: Buchanon visited an apartment building and tripped and fell over construction debris at the top of the stairs. Buchanon ended up falling 12 stairs, being unable to move and laying at the bottom of the stairs for 8 hours before he was discovered. By: Kevin Knight

As a result of the fall and the delay in finding him, Buchanon was rendered a quadriplegic due to the spinal injury he suffered. He sued the property owner, the property manager and the construction company asserting that each was negligent. Each of the defendants denied that they were negligent and claimed that Buchanon fell because he was intoxicated.

Buchanon asserted that he had $710k of medical expenses.

VERDICT: The parties settled for $1.2 million before the jury rendered a verdict. This sum was comprised of $500k from the property owner, $300k from the management company and $400k from the construction company.

CONCLUSION: Our suggest that landlords should look before their tenants leap is an catch phrase which emphasizes that landlords must “troubleshoot” their apartment grounds for dangers to tenants and their guests. Failing to take adequate precautions or to warn about dangerous conditions can result in the types of recoveries and jury verdicts set forth in these three cases.