Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
To make a long story short, the complex we have been renting in for 2 years has gone to crap. We have pot smokers that smoke on their patio causing it to drift to our patio and into our apartment, I am asthmatic and have a heart condition, and we also have a 2 YO. The smell is strong and it happens frequently. They get the pot, from our other neighbors downstairs, who make frequent "transactions" throught the day. My father, a retired narcotics Lt, agrees (he lives with us). The playground is a frequent hang out for underage drinkers, and drug dealers. Bottle caps and broken glass are found throughout the sand. We have had numerous complaints about our unit that were repaired only after reporting it to cooperate office. The grounds are disgusting, and we pay just under $1000/m. We have complained, and begged to the complex management about the above problems, nothing is being done. We have called the police a number of times also, only to have them show up 45m-hours later. We have tried to break our lease, hoping for some leeway..nothing, it would cost us $2000. Yesterday, our 2yo was happily running to the swings at the playground and fell in the sand, slicing open her chin on a piece of broken glass from a beer bottle. She needed 7 stitches. My husband raised h--- at the office and we turned in all medical paperwork to them. The manager also confirmed later that night, that she did find a broken beer bottle near the swings... We want out, but more so, we want them to pay our medical bills for this incident.. we also want some compensation for the pain our daughter went through. I had to leave the room as they sewed her poor little chin up. I am furious and would like to know your input. No one should have to live in these conditions, and now my beautiful daughter is going to be scarred because of their incompetnece. Is this just apartment living or can we do something??
Sorry about your little girl. Hope she's feeling better today.
It's going to depend on state law where you live. Generally though, a property owner has a duty to keep a premises safe. But you would most likely have to show that they knew the area was unsafe and didn't do anything about it.
Most plaintiff's attorneys will talk to you for free and will take your case on a contingency if they think they can make some money on it. So you might think about talking to someone.
Or, you might use the carrot of not filing a lawsuit to get out of your lease.
Couldn't it be argued thought that if they monitored the grounds and cleaned the playground at all they would have known it wasn't safe when finding broken beer bottles? Even if they did in once a week? And wouldn't this then, prompt them to patrol the area preventing further problems? I see this as complete neglect, what do you think?
Can you call the corporate office and schedule a meeting to talk to them? Skip the property manager. Maybe you can make a deal to transfer your lease to one of their other apartment complexes.
Thanks, Ive looked into it and we do have a premises liability case. Despite our complaints (who knows if they are documented) they failed to maintain the grounds. Florida law holds property management responsible for properly maintaining grounds so that there are no unsafe or hazardous or negligent conditions that could cause injury.. Our little girl is going to be scarred now
My husband and I cleaned up the broken glass in the playground sand afterwards and tossed it. After going to management, the manager went and found more- She admitted it to us. But it does say we need proof, what happens if she goes back on her word??
I dont want to do that..they don't have any in the area anyway..
I looked into it and we do have a premises liability lawsuit, but how do we prove it? Even after the manager went and found glass on the playground where our daughter was cut, she'll just deny it..
I see this as complete neglect, what do you think?
Honestly??? It looks like you're trying to win the lawsuit lottery here.
In your initial post you clearly state that broken glass and bottle caps are known to be in the sand of the playground. If you knew this, why did you let your daughter run around out there?
I'll completely agree that the apartment complex has a responsibility to keep the playground safe. However, I don't know how far that responsibility extends and would suggest consulting with an attorney to get the best feedback.
Honestly??? It looks like you're trying to win the lawsuit lottery here.
In your initial post you clearly state that broken glass and bottle caps are known to be in the sand of the playground. If you knew this, why did you let your daughter run around out there?
I'll completely agree that the apartment complex has a responsibility to keep the playground safe. However, I don't know how far that responsibility extends and would suggest consulting with an attorney to get the best feedback.
Excuse me but Im not trying for lottery. I want them to clean the place up and compensate us for our bills. Im not going to prevent my daughter from playing on the playground across the street from our home. She loves it, and that's what its for. Surely your not blaming me for this? Why would I LET her run around a playground?? The question is why WOULDN't I?? I am a responsible parent and I watch her closely. That's why she doesn't play on the broken swings. She is a child, and children fall- am I supposed to assume that she's going to fall on broken glass?? It sounds like your blaming me and I don't appreciate that. Your opinion was not necessary.
I didn't blame you for anything. I asked a simple (and logical) question based on the information that you provided.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
