Passing the Cookies

Home » Legally Speaking Posts » Passing the Cookies

Q: In my room, my friend and I were watching a movie. She was sitting in the top bunk of the bed. I was sitting in the lower bunk. As my friend tried to pass a tray of cookies to me, she fell and hit the floor.

Now my friend is suing my uncle. He owns the property but lets my mom use the new addition.  The single doorway between his living area and my mother’s is blocked by a refrigerator.  My uncle built this bunk bed. My friend says that the bunk bed should have had a railing. Is my uncle in trouble?

A: The question is whether your uncle exercised possession and control over your mother’s segment of the property.  It sounds like he and your mother lived in separate parts of the premises, entirely free from interference from one another.  That is, your uncle exercised no supervision over your mother’s sphere.  These circumstances would bolster your uncle’s case that this is not his responsibility.

The result could be contrary if your uncle and your mother had agreed to share the expenses for maintenance and repair.  Even so, a crucial question will be whether your uncle was permitted to enter your mother’s premises without her permission.  If only with your mother’s permission, your uncle’s case is strong.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

Copyright © 2010-2020 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878