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My daughter bumped her head on sprinkler and it went off am i responsible to pay
Anonymous4 views2 answers
there is a fire sprinkler in her closet she went to reach for a game off her shelf her head hit the fire sprinkler and it went off do i have to pay for the damages
There are not enough facts in your posting to answer your question. The answer to your question is also dependent on the wording of your lease. If you have a renter's insurance policy, you should make a claim under that policy. If you do not have insurance, you may want to consult an experienced lawyer in your area about your potential liability.
Unfortunately there is no single "answer" to your question. First, you should read your lease carefully to see what you agreed to be responsible for within the leased premises. Second, the matter of whether your daughter caused the problem through negligence is one which called a "question of fact". It would be up to a judge or jury to determine whether the damage was caused by negligence on her part, for which you as parent would be responsible, or whether the damage resulted from a poorly placed sprinklerhead in the closet. Hopefully, you have renter's insurance, which may cover some of the damages to your own property, and the landlord's insurance policy will have some coverage, though that insurer is going to come after you for anything it can collect from you. You may be surprised to know that these types of things are not all that uncommon. One client I knew had a daughter who hunt some laundry on the sprinkler head and it went off and soaked the apartment. The girl was a middle school and did not think hanging a hanger on the sprinkler head would cause such a response from the system. Adolescents often do not think about such things in advance and do not have forethought older adults would have. Negligence has certain elements: (1) there was a duty owed to someone (2) there was a breach of that duty (3) which was proximately caused by the negligence of another (3) resulting in damages. Here, your daughter had some duty arguably to NOT bump things against the sprinkler system parts on the ceiling, she breached that duty by showing a lack of care, and damages were proximately caused by that act, resulting in damage. You may very well be found to have some liabiltiy for this matter, though you can defend that perhaps the landlord should bear some portion of the damages due to contributory negligence in poor placement of the sprinklerhead. Again, this is something determined by the trier of fact--a judge or jury if litigation ensues. Consult an attorney immediately regarding how to best manage this sensitive situation. The sooner you do this, the better off you will be.