Failure to repair lawsuits involves situation where a person has disregarded their duty to repair or fix dangerous conditions, resulting in injury to another person. These types of lawsuits often involve premises liability issues, where the owner of land or property has failed to repair issues with the property.
However, failure to repair can apply to many different situations, including:
- Landlords who have a duty to make repairs for tenants
- Operators of business ensuring that the premises are safe for patrons
- Operators of rental services (for instance, car rentals, go-kart venues, commercial vehicles, etc.)
A failure to repair dangerous conditions or broken items can result in a variety of different injuries, including:
- Slip and fall related injuries
- Injuries due to burns, fires, explosions, etc.
- Injuries from falling objects
- Injuries relating to chemical or toxic exposure
- Accidents and collisions in vehicles
- Various other injures
Failure to repair dangerous conditions can also result in property damage (for instance, if an object falls on someone’s personal belongings).
Who can be Held Liable for a Failure to Repair Injury?
Depending on the circumstances, various parties may be held liable for a failure to repair injury. In most cases, it is the person who is in control of the premises or object in question; this is usually the property owner, a manager, or other such person. Liability is often based on a negligence legal theory. In order to prove liability, it is usually necessary to prove that:
- The person knew or should have known of the repairs needed (i.e., they had a duty to repair the issue);
- The person failed to make the necessary repairs, or made the repairs in a manner that was substandard;
- The failure to repair was the direct cause of the other party’s injury or injuries;
- The injuries can be verified and quantified into calculable damages
In other cases, a manufacturer of an item can be held liable for a failure to repair, especially if there are issues with a warranty or a defective product.
What are the Remedies in a Failure to Repair Lawsuit?
Injuries resulting from a failure to repair may need legal action to resolve any conflicts or issues. These lawsuits typically result in a monetary damages award issued to the plaintiff to compensate them for losses. The damages award may cover losses such as medical and hospital bills, lost wages, property damage, and other costs such as a loss of earning capacity.
Other remedies may include an injunction requiring the defendant to repair the property or premises in question. Also, in cases where product liability is an issue, the court might also require a product recall or other similar measures.
Do I Need a Lawyer for Help with a Failure to Repair Claim?
Failure to repair issues can be complex and can involve a complex mix of different laws. It may be in your best interests to hire a personal injury lawyer in your area if you need representation for a lawsuit. Your attorney can research the laws and provide you with guidance during the process.