Plaster Fell from Ceiling and Injured My Son...

by John
(New York, NY)

I live in a rental building with a big corporate landlord. A few weeks ago a piece of plaster, about the size of a fist, fell from the ceiling in the lobby (which is obviously under disrepair) and hit my 2 year old son on the head and then bounced onto his leg.

He was in obvious pain but otherwise seemed ok - I didn't go to the hospital. I guess I probably still could if I should.

The incident was witnessed by my sitter and the building superintendent. I called the maintenance office and told them about it and to repair it. A few days later, a crew showed up to work on the lobby - but it turned out they were removing a doorway - and nothing was done to the dangerous ceiling.

By way of background, this landlord has sued me before over bogus rent stabilization stuff, so I have no problem making their life hell.

What do you suggest? Do I just sue to get it repaired or can I sue them for more? My toddler cries and grabs his head every time we walk through the lobby. Thanks you.

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Plaster Fell from Ceiling and Injured My Son...":

John (New York, NY):

Wanting to make your landlord’s life “hell” is something we aren’t prepared to assist you with. We avoid dealing with our readers’ personal issues.

If you are intent on putting your son through some sort of a lawsuit against the corporate owner, you will have to document some injuries suffered by your son. From the facts you present, your son didn’t suffer any bodily injuries.

If he cries each time he walks through the lobby, you might consider covering his head and his eyes for the months it may take him to recover from the terrible assault on his emotions.

Without any medically documented injuries, you don’t have a personal injury case. You could report the issue to the city housing authority, maybe you could prevent the same thing happening to someone else.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Apartment Injury Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: