My Ceiling Collapsed. What Are My Rights?

Being caught in a building when the ceiling collapses is a terrifying and extremely dangerous situation. In addition to incurring damage to the belongings that were inside the building, individuals in this situation also commonly find themselves without a place to live and even dealing with physical injuries caused by the collapse or the loss of loved ones.

There are many reasons why ceilings collapse, and some of these reasons are the result of another party’s negligence. If you’ve been injured or have experienced property damage due to someone else’s negligence, you can seek compensation through a personal injury or property damage claim against the at-fault party’s relevant liability insurance policy or even through a civil lawsuit if the at-fault party’s insurer fails to pay the claim. An experienced lawyer from Kash Legal can help you understand this legal process and provide services to assist you. Contact Kash Legal for a free consultation to review your case and understand your rights.

Liability When a Ceiling Collapses

Liability refers to the legal responsibility a party has to compensate someone for physical injuries or property damage incurred as a result of their carelessness or recklessness. The most common source of this compensation is a liability insurance policy held by the at-fault party, such as a homeowner’s, renter’s, property, or commercial business policy.

Before accepting any settlements from the insurance company, it is crucial to seek legal advice to ensure you understand all your options and get proper medical care if injured.

Some of the ways that someone else can be liable if a ceiling collapses include:

Property managers of apartment or single-family dwellings can be liable if they fail to properly maintain the property.
The manufacturers of materials used in the construction of the building can be liable if the materials fail to perform as labeled or present unreasonable risks of injury or death to users.
The providers of construction services can be liable if the collapse is the result of improper construction.
In some cases, if an upstairs tenant improperly uses utilities, resulting in flooding that causes the ceiling of the tenant who lives below them to collapse, the upstairs tenant can be liable for physical harm and property damage caused to the downstairs tenant.

An experienced attorney can help determine all sources of liability for your ceiling collapse, as well as the relevant sources of liability insurance that can be accessed to provide the compensation you need.

The Legal Requirements of Property Owners/Possessors

Those who own, possess, or otherwise control property have a legal requirement to regularly inspect the property to ensure that there are no hazards present that could injure their guests. If such hazards are discovered, the owner/ possessor has the responsibility to both promptly mitigate the hazard as well as to warn guests of hazards that have yet to be repaired by the placement of a prominent warning sign in the area.

The rental agreement may impact the tenant’s options in the event of property damage, such as withholding rent. It is important to consult with a lawyer to understand the legal options and responsibilities outlined in the rental agreement.

As explained by Robson Forensic, ceiling collapses are most often the result of an accumulation of moisture. This moisture is usually the result of leaking roofs or plumbing systems. Both the integrity of the roof and the plumbing system are responsibilities of the property owner or possessor, as are other common issues that result in ceiling collapses, such as condensate drainage from window-mounted air conditioners.

Defective Products or Services Leading to Property Damage

In some cases, the ceiling, roof, plumbing system, or gutters were improperly installed, causing a build-up of moisture that the landlord of the property would not know about. Likewise, appliances and systems can malfunction as a result of a manufacturing defect. While it can be more difficult to prove these sources of liability, certain types of evidence can be used to show that the collapse was the cause of defective products or services, including documentation of services provided and expert testimony that the issue would have been apparent to service personnel.

Individuals should consider including medical expenses in their claim for damages and seek legal advice to ensure all applicable damages are included.