Sue for endagerment due to falling bricks

When we first moved into our new flat, we were loving our HUGE balcony. 2 months later, whole bricks were falling into it! We were so scared for the safety of anyone on it, we asked the developer to give us hard hats since our washing machine is on the balcony. After 7 months of total frustration, complete no access to our balcony, construction, mess, dirt, etc. we were finally able to use our balcony. I have taken pictures of all the construction but unfortunately did not take pictures of the bricks that fell. Now the management office refuses to give us a copy of the report and the pictures. We are now looking back and since there are still ongoing issues with our place, want to sue the developer, management and landlord. We should have done it sooner. Thinking back, one of those bricks could have fallen on one of our kids and killed them. Is it too late to sue?

Are you American?

[UPDATE] Please note that fee quotes stated in historic postings may be out-of-date.


The answers of your question depend on your objectives of the law suit.


If you sue for money compensation, the fundamental legal principle is "no damage, no compensation". Damages here include property loss, personal injury, or other losses including not able to use the balcony. You also need to prove other 'elements' such as duty, breach and causation. Since you are a tenant this is more difficult but certainly it appears you have a ‘loss of enjoyment’; the challenge will be to quantify it in $$ terms.


If you require our professional legal service, we can arrange a meeting conference with you if you are in Hong Kong. Our professional legal fee ranges from HKD2500 to HKD4000 per conference.


Weir & Associates

Solicitors & Notaries

16th Floor Tak Shing House

20 Des Voeux Road Central

Central

Hong Kong

Tel : 2526-1767

Fax : 2868-3568

Email : WeirLaw@weirandassociates.com

www.weirandassociates.com/weirlaw

Loyd, thank you for the comic relief. I haven't laughed that hard in a while. But no, I am not American. But then again, let's see a few bricks fall into your living room or some place your kids or loved ones play in everyday and see if you can find humor in that.


Thank you "assiciates". I will discuss with my husband how much we would be willing to invest in this case.


At the moment we are looking for a new place to move to. We are completely horrified with the continued crappiness of this brand new place. If only we can get the media to present a piece about this place so that no one will move here!