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A tenant affixed an ariel to an exterior wall. The ariel falls pulling a couple bricks which hit a visitor?

  
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A tenant affixed an ariel to an exterior wall. The ariel falls pulling a couple bricks which hit a visitor?

Postby aingeni » Sun Jun 17, 2012 5:01 pm

The visitor of the tenant is now claiming personal injury against the Landlord, who is responsible
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A tenant affixed an ariel to an exterior wall. The ariel falls pulling a couple bricks which hit a visitor?

Postby fiacre68 » Sun Jun 17, 2012 5:02 pm

No
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A tenant affixed an ariel to an exterior wall. The ariel falls pulling a couple bricks which hit a visitor?

Postby avikar76 » Sun Jun 17, 2012 5:09 pm

the tenant is wholly responsible unless:

1)he contacted the landlord before the work was undergone.

and

2)the landlord approved the tenant himself to carry out the work (and not a professional).
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A tenant affixed an ariel to an exterior wall. The ariel falls pulling a couple bricks which hit a visitor?

Postby geol19 » Sun Jun 17, 2012 5:19 pm

The tenant is responsible.
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A tenant affixed an ariel to an exterior wall. The ariel falls pulling a couple bricks which hit a visitor?

Postby lintun » Sun Jun 17, 2012 5:25 pm

The tenant
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A tenant affixed an ariel to an exterior wall. The ariel falls pulling a couple bricks which hit a visitor?

Postby taryn31 » Sun Jun 17, 2012 5:26 pm

The answer is far more complicated than the previous answers suggest. It could be either, both or neither, depending on the circumstances, and I assume that by "responsible" you mean legally liable for causing the injury.

The first thing to say, is that if the work was done to a suitable standard then no-one may be liable. You are only liable for personal injury (aka negligence) is there is a duty of care (which there would be) and the actions fall below the standard that would be expected of a reasonable person in the same situation, so that the duty is breached. If the tenant checked the wall to make sure it was sound and fitted the aerial securely to a standard that would normally be expected, then there was not much more they could do, so they cannot have been in breach of the duty of care, so they can't be liable.

Assuming the work was not up to scratch, the tenant will always be liable because they did it.

If the property is a house, then the tenant is leasing the whole building, inside and out, so the landlord is not responsible for anything that happens there during the tenancy. So he cannot be liable.

But if the property is a flat then the landlord is probably the "occupier" of the common parts, which includes the outside walls. He therefore has a duty to keep them safe for visitors, which means regularly inspecting and rectifying any problems. So if a tenant has fitted a dodgy aerial the landlord can be responsible as well for any injury caused.

In practice, if both are liable it will be far better to sue the landlord than the tenant, because the landlord is almost certainly easier to locate, and they are almost certainly in a better position to pay any compensation due than the tenant would be.
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