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Can we sue them?
About 4 years ago, my 7 year old brother nearly cut one of his toe's off on our porcelein bathroom drawer knob because it had broken off before and had only been glued back on, so they broke really easy when he stood on them to reach the basin. We're renting this house so it was the real estates duty to have this fixed, and seeing as they hadn't, my brother had to have surgery and stiches on his toe. Do we have grounds to sue?
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You can sue anyone for anything you want, if you can find a lawyer to represent you. The question is, do you have a chance of winning?
In this case, I would guess not. For one thing, your brother broke the drawer knob by standing on. Most rental agreements have a clause saying that if you break something, you have to fix it or pay for its repair. If it was already broken when you rented the place, and you had asked them to fix it but they hadn't, and then your brother had cut himself on it when he walked by, then you might have a case. Also, drawer knobs aren't meant to be stood on. If he had cut himself on a loose floorboard, or a step on the stairs broke, then you might have a chance. But he was using the drawer knob for something other than its actual purpose.
It's a shame that your brother got hurt, but in this case I think it was just an accident and I doubt a judge would rule in your favor.
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Im going to say no but im not completely sure but what i do know that the knobs are not to be stood on they are meant to be knobs nothing else. So if your brother was standing on them and it broke off and he got hurt then it is his fault.
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Even if statute of limitations hadn't run out, it is highly doubtful.
The knobs broke because your brother was standing on them to reach. Those knobs aren't meant to withstand the weight of a child- they aren't meant to be used to climb.
Since they were broken by means of misuse, it wouldn't be found as being the fault of the landlord, but the fault of the renter.
ygs-29/f
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You might have been able too sue to have your brother's medical costs covered, but likely not anymore.
The statute of limitations on most personal injury cases is 3 years. But these laws are complex, have many exceptions and differ state by state so the only one you can give you a definite answer to that question is a lawyer.
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