Who is liable?

whatawaster

Basically, got stuck in the lift in my building this evening.

The lift has been acting up for weeks - it will delay before it goes up or down or before opening doors. Also a neighbor got stuck in the lift a couple of weeks back and notified the landlord.

So the lift door closed and didn't move from ground floor level. I tried pressing the door open button and pressing different floors, but nothing happened. I pressed the emergency button several times and a voice answered but they couldn't hear me. All they kept saying was "hello. . . hello . . . " no matter how many times I pressed the emergency button.

My girlfriend, who always takes the stairs, luckily, was waiting for me to exit the lift and when I didn't she called my name and we were able to hear each other. I told her to try the landlord but we were unable to get through. In the end we called the fire brigade. They came out within 10 minutes and opened the door. They were unable to shut the lift down, so advised us to put up "out of order" signs on each lift door.

It wasn't too bad, only stuck for 15/20 minutes, though it felt like longer.
I've spoken to the landlord and made him aware of the situation. He again mentioned that maintenance had been carried out on the lift "last week".

He also asked who had called the fire-brigade because there was a call-out charge of "3 or 4 grand". I didn't think it was anything like that, but I told him I wouldn't be paying it. It certainly was no emergency, but I wasn't staying in the lift all night and the lift alarm didn't seem to be working.

So I guess my question is am I going to be stuck with this bill or is it something the landlord should have to pay?

Thanks

h2005

Lol I can`t believe you`re even asking this! Whoever is responsible for the lift is liable.

edellc

Its 500-700 euro for a call out of the fire brigade

As for who is liable, I would say you would have to pay it and then claim back off who ever owns the building

djimi

I dont know the actual legal standing of this, but I called the fire brigade in my old building when I thought it was on fire (turns out some local scrotes set off all the fire extinguishers in one of the vacant halls, giving off the illusion that the building was full of smoke). The fire brigade had all my details but I never heard anything back about a bill. It may have gone to the building management company or to my landlord, but if it did I heard nothing about it.

Rasmus

edellc wrote: »

Its 500-700 euro for a call out of the fire brigade

As for who is liable, I would say you would have to pay it and then claim back off who ever owns the building

but if he was stuck in a lift somewhere else, he shouldn't have to pay for it if he called.. (or would he? I really don't know). The fact that he lives in the building shouldn't matter. Edit: checking online it seems that he who calls, pays, but it is the landlord who has the house insurance and can claim for the charge.
OP, a fee of €500 for the callout is applied for the first hour and an hourly rate of €485 for the second and subsequent hours. Were you in there for more than 6 hours? : )

Arciphel

OP, I wouldn't be worrying about the fire brigade call out charges, I'd be thinking about how you are going to spend your thousands of euro which you are going to receive in compensation for your post traumatic stress of being stuck in that lift!

http://www.injury-compensation.ie/news/post-traumatic-stress-disorder-claim-nets-13500-euros/

http://www.independent.ie/national-news/children-get-7500-each-after-being-stuck-in-lift-3301342.html

Might be worth mentioning to your landlord!

massy086

Arciphel wrote: »

OP, I wouldn't be worrying about the fire brigade call out charges, I'd be thinking about how you are going to spend your thousands of euro which you are going to receive in compensation for your post traumatic stress of being stuck in that lift!

http://www.injury-compensation.ie/news/post-traumatic-stress-disorder-claim-nets-13500-euros/

http://www.independent.ie/national-news/children-get-7500-each-after-being-stuck-in-lift-3301342.html

Might be worth mentioning to your landlord!

ha ha same judge in both case's (rather fond of handing out money)

fasttalkerchat

I would guess it would be they building maintenance company and not the Landlord.
But its certainly not you.

Also ask the landlord if you will need a solicitor to deal with what happened to you and for the firebrigade bill.

Skerries

it would be fun if lifts in real life had escape hatches

Yippe Ki Yay Mother lifters!

Victor

Skerries wrote: »

it would be fun if lifts in real life had escape hatches

Yippe Ki Yay Mother lifters!

Meaningful posts only please.

Moderator

Mrs OBumble

Fire brigade call out charges go to the property owner, I believe.