Can I sue my apartment complex for damage caused by deers?
927323
I am not sure on this one, but the best approach may be to ask the manager if the complex has insurance as a business that will cover the damage to the property as an act of God.\nThe property is owned by them, not you, so the damage to the apartment will definitely be covered. As far as your personal property like the tables, etc., you might be on your own. Mostly, people are expected to carry renter's insurance for their personal belongings. Good luck to you.
984477
This is an interesting matter.  It does seem to me that you may be liable for having an unguarded "attractive nuisance."  That the dog could get in is evidence that it was unguarded, and you knew or should have known that animals such as a dog could be killed on the site in the order of things as they existed.  I'd ask lawyer who does a lot of liability work.\n\nSecondly, though I have forgotten specifics, you will find that owners of animals are liable in varying degrees or not at all for different animals.  Cats go free, and maybe dogs unless they attack a person or a person's property, eg. sheep, etc.  Even then, in some states, the damage must reach some money figure before you can shoot the dog or sue his owner.  Court won't listen to a complaint about a dug up garden.\n\nEven owners of horses are often held to a different standard than cows under the old law of some states if the animal trods on your vegetable garden.\n\nIt's been years since I looked at case law, but you will be surprised.  I would watch out for a counter-claim for the loss of the dog.\n\nI would guess that you have All State or State Farm.  They rarely pay the full damages even were the claim is valid.  I think you should sue them with the argument that the "domestica animal" exclusion envisions only the pets of the insured and not feral animals.\n\nRecently when All State held out a substantial amount of a claim for an accident where their insured was entirely at fault, I filed an action myself, just drew up the cause of action and took it to the clerk and served the company at a local office.  That was Wed. and they called Monday.  I got all my damages plus the $75.00 filing fee.  When it comes to insurance companies, even if you make a simple small claims case, they will not want to defend it.  It will cost them far more to retain counsel where you are than the pool cover.  Besides, they may lose in any case.  Even a half-assed kitchen-talble lawyer want a couple hundred an hour now.  SUE THE BASTARDS!!! And do it yourself, pro se.
1154725
Did you receive a copy of the walkthrough paperwork?  If so, the landlord should have noted soot damage.  If s/he did not then you have a good case.  Either way you should take the landlord to small claims court and argue your case.  They are going to have a hard time proving how much the damage should cost if they don't have pictures of it.\n\nEDIT \nThe burden of proof is really on the landlord.  He will have to prove that there was damage there, that it was caused by you and your roommate, and how much it cost to repair the damage.  For that he will have to bring in paperwork.  Also, any landlord without pictures of the damage isn't a good landlord.  It smells like a scam and the judge will see that.  You may not have known to have pictures but he should because he is the professional.  Your roommate will have to go to court with you.  He will be a witness to confirm your statements.  It really could go either way but I believe that the burden of proof is on the landlord.
440604
been there done that!! and yes she did not give me a dime for any of the cost to fix the damage!   Wasn't really her fault, just one of those crazy kamikaze deers that walk in the middle of the road!  Just glad no one got hurt!
741956
Generally, yes, you are liable for any injuries occurring on your property (often even when you put up no trespassing signs and the injury was the direct result of the actions of the injured).\n\nWhether you have to maintain it depends on your local ordinances.  Check with City Hall.
987407
i live in kansas.  there is a private lake that i used to hunt ducks every season for a few years.  a guy leased the lake just for hunting, and closed it off to everyone else.  maybe you can have a lease to one party.  that's less headache, and you get one lump sum.  the person leasing it can collect money from other people hunting it, or he can have his own club on there.  i don't know how many acres you have, but from what i understand deer leases are fairly pricey in texas.  here in kansas, people let you hunt for free.
915152
OK,, you CAN go to small claims court and dispute the damage.\nHowever is 350$ REALLY worth it(keep in mind -- you will have to miss work, pay court fees, etc.)?\nIf it is go to your local small claims and file a claim.\nIf it is not do not do anything. \nDO not pay anything, let the landlord sue you if she Wants 119 so bad she can sue you.
783788
No No andNo.   I just saw a news broadcast (locally) that spotlighted the lingering long term effects about this very scenario.......You need to call your health dept and find out if the landlord had it "Properly" cleaned out.....fresh paint doesn't cut it!!!!
455591
Auto's response is correct.  You can certainly sue; you just might have a hard time collecting a judgment if they have no insurance or money.  \n\nHere in Indiana, we have a strange modified "first bite is free rule."  The owners are typically not "negligent" in keeping a "dangerous" animal unless they know that is has "dangerous tendancies," which they would not, unless it has already bitten someone else.  This doesn't seem fair, I realize.  However, I don't think that you would have any problem getting around this, as the dog was running loose, and they were certainly negligent in letting it do so.  \n\nIf you're in Indy, shoot me an email and we can exchange numbers.  I'd be happy to give you some (brief) free advice.
863357
vehicle 1 is at fault, although she may be able fight it in court, take pictures of the intersection, showing the bushes obstructing her view, then go after  the owner of the bushes, to have them cut down.   good luck
865108
This is a liability exposure on your landlord's part, as he is the owner of the property that caused the damage.  You should file a claim against his commercial general liability policy.  They will determine if he is liable or not.  If he is found to be liable for the damage they will pay for the repairs.  There is no need to sue anybody, just file a claim and see what happens from there.  The adjuster who handles it from his insurance company will just ask if it was rotten and if it looked like it needed to be removed, if this is the case he is liable and his insurance will pay.  I am an adjuster and we pay these claims when there are obvious signs of rot and if the owner of the property knew of the problem.  If it is a healthy tree and there was no way of preventing it on your landlords part, he is not liable. Good luck.
571398
i don't no how your state works but here in south carolina they don't sue you they just put it on your credit which in some ways are worse than being sued you will never be able to rent again and if the people you are buying your house from happens to call that landlord chances are you may not get your home if i was you i would go talk to the landlord and make some arrangements to pay him and if you have a lease you can be charged for breaking that lease that again is another reason to talk to him also tell him that your house is falling apart put it in writing and take pictures that may help you some and if he is a butt talk to the regional manager explain it all to her or him ,trust me they have the ups on you if they take you to court you will lose i use to manage a 120 unit apartment complex and this is how we did things ,its not worth destroying your credit
844371
you can sue, but you won't get anything unless you can prove that actual harm was caused to you. that's the case for any suit. i had a case where a woman found a baked roach in her bag of cheetos but she didn't win anything because she couldn't prove that any damage had been caused to her.
670754
Well that depends.  Assuming you are in NYC (I am citing here because there are tons of case laws, the rules are reasonably refined), generally the city is NOT liable unless someone notifies the city a dangerous condition in writing prior to the injury. And perhaps this is the case everywhere in the US cities.\n\nAn exception to this notice requirement has been litigated based on a theory that the danger was apparent to the city that the city did not need the notice to realize such existence of dangerous condition.   HOWEVER, the recent case ruled that only such an exception applies to the case where the city itself made such a dangerous condition, i.e., city constructions ...
1065651
If you hit a deer, your car and the deer are probably going to be pretty messed up. Call 911 first, if there was a need for animal control to be involved, the dispatchers can handle that. I live in Vermont- lots of deer, trust me on this. Of course if you hit a deer, it dies, and you're okay, call a friend with a pickup truck and have venison BBQ. Actually, that would be illegal. Although, you can ask for the carcass....sometimes they let you have it.....
302038
I am a law student so I can offer you NO legal advice all I can do is give you my opinion it bears no legal weight whatsoever. I will have no legal consequence for anything you do with this opinion. I will not be liable for any loss, expenditure etc that you incur. If you plan to take action seek a licensed attorney. \n\nThat is a disclaimer I have to say sorry. Normally I would not reply because of it but I feel for your situation I chose to.\n\nYou might have a legal claim on implied warranty of habitability. I’m not sure what state you are in and what law they apply but most states say that the apartment must be fit for human habitation. It would be in the courts hands however, if they would find that being without electricity to the appliances that stopped working when the breaker went off made the unit uninhabitable.\n\nIf you replace anything on your own keep the receipts in some jurisdictions the court will allow you to withhold rent in the amount of the repairs that you do. Again seek an attorney’s advice.\n\nIf you are evicted there is a possibility that you would be able to claim constructive eviction. That the place was so uninhabitable that you had to leave and once the landlord makes the appropriate repairs you might be able to recover the expenses you incurred from moving out. Again seek an attorney for a valid opinion\n\nLastly and probably the first thing you consider doing; check your lease. There could be certain things promised to you or the availability within the lease for you to break it if they fall below a certain standard. If you want to you could point it out to them and state that the unit is below the expectation that they drafted.\n\nAgain, I am NOT an attorney. This is my opinion and everything stated within it should not be relied upon as legal advice. The only person who can give you good advice is a licensed attorney.
275443
Get a copy of the opinion from the other case and read it over to see if it applies to the ordinance in your city.  If it applies, you can present a copy to the prosecutor and the judge and advise them of the case.\n\nJust because the other ordinance was struck down, does not mean that yours will.  If you feel the law is unjust, you should try to change the law or have it put on the ballot for a vote by the citizens of the community.