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Who is responsible?

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rabbit0102030
6/5/2007 6:54:01 AM
A storm blows in, and down comes a sign on top of two cars. The sign belongs to an apartment complex, who claims they are not responsible because it is an "act of god." The sign has more than fairly obvious rot damage at the base of the poles as well as everywhere else on the sign. Samples of the rot have been taken as well as pictures of the rotting sign and damage to the vehicles. Police report was made, officer agrees the complex is responsible for the damage. Both victims insurance companies agree that the complex is responsible for the damage. The complex fails to maintain their grounds and exterior of their buildings. There is rot on the outside of the buildings, peeling pain, and serious water damage. A maintenance person was told about the rotting sign two months prior to the accident, and told that the sign would fall down if they didn't take care of it. So, who is responsible? Should the victims have to have their own insurance companies pay for damage that someone elses negligence and irresponsibility dealt?
swartlkk
6/5/2007 7:03:43 AM
How much damage are we talking about here?  Are the affected vehicles owned by tennants of the complex?

Technically, it is the responsibility of the complex to pay for such damages.  You could argue that it just fell over and the wind threw it around after the fact.  The difficulties come when you take it to the next level if the complex doesn't want to pay for the damages.  If the vehicle owners are tennants, then things can and probably will get difficult for them later on if the owners of the complex are forced to pay the damages.
rabbit0102030
6/5/2007 8:00:56 AM
Yes the vehicles are owned by tenants of the complex. If the complex does try to make things difficult for the tenants then I have informed them that they can send a legal document called a Request to Stop Retaliotory Action to the complex.
 
It might be difficult to argue the sign moving about as it weighs in at about 500-600 lbs. It took 4 guys including myself to lift it off of the two vehicles.
BobTheBlazer
6/5/2007 1:18:34 PM
Wow, that's really a tough one. I asked my mother (who's worked in the Allstate claims dept. for over 20 years) and she said the complex should be held responsible for the damage. She also mentioned that although it seems a maintenance person was told of the problem and did nothing to prevent such an incindent from happening, it is still the responsibility of the complex because that person is employed by the complex itself.
EuroGoldLS
6/5/2007 2:26:40 PM
Absolutely, the complex is at fault.
This is a paraphrasement of a NC law:
 It is the owner of a building's responsibility to properly maintain his building. If the bulding's structural unsoundness can possibly endanger the life or property of an individual, and such a warning has been given that the structure is possibly dangerous, then the owner may also be guilty of negligence as well as responsible for an incident if such an incident occurs in the state of North Carolina.

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