Jury Award Warns Landlords to Maintain Property; Broward Law Firm Freedland, Glassman, Farmer & Sheller, Lands Large Win for Injured Client.Business Editors/Legal Writers/Real Estate Writers WESTON, Fla.--(BUSINESS WIRE)--Jan. 13, 2004 A jury verdict awarding an injured apartment renter almost $1 million should serve as a warning to property owners, maintenance companies, landlords and average homeowners to properly maintain appliances to ensure their safety. The Broward Circuit Court jury recently found for Morris Zisk, the 84-year-old plaintiff and seasonal vacationer from New Jersey. Last February, Zisk received fourth-degree burns after water from the tap scalded his hands in an apartment he had rented with his wife. Zisk had two fingers and part of a third amputated as a result of the injury. The jury awarded Zisk $925,000 in compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another. . After the mishap (language) MISHAP - An early system on the IBM 1130. [Listed in CACM 2(5):16, May 1959]. , it was discovered that the water heater's thermostat thermostat, automatic device that regulates temperature in an enclosed area by controlling heating or refrigerating systems. It is commonly connected to one of these systems, turning it on or off in order to maintain a predetermined temperature. had corroded cor·rode v. cor·rod·ed, cor·rod·ing, cor·rodes v.tr. 1. To destroy a metal or alloy gradually, especially by oxidation or chemical action: acid corroding metal. , and the apartment's owner failed to test the water before renting the unit. Instead of heating water to the recommended 120 degrees, water spiked to the boiling point boiling point, temperature at which a substance changes its state from liquid to gas. A stricter definition of boiling point is the temperature at which the liquid and vapor (gas) phases of a substance can exist in equilibrium. , or 212 degrees. "Under Florida law The jurisprudence of this state offers major differences from doctrines prevailing in the United States at either the federal level or that of the various states. Homestead exemption from forced sale, the dangerous instrumentality doctrine, the right to privacy, and the Williams , building owners or landlords must perform reasonable inspections on facilities or appliances before tenants move in," said Mark Glassman, the lead counsel who tried the case with Michael Freedland. Both are partners with Weston-based firm The Law Offices of Freedland, Glassman, Farmer & Sheller. "Before turning over the keys, the landlord didn't inspect any of the appliances," Glassman said. "The law puts the duty on the landlord to conduct a reasonable inspection. They're in the best situation to uncover any defects." "Whether renting an apartment, a condo, a timeshare or even staying in a hotel, it's important for the landlord to make sure the property is safe," he said. "The jurors even recognized the importance of making sure their own water heaters are set properly. As Mr. Zisk learned, the consequences can be devastating dev·as·tate tr.v. dev·as·tat·ed, dev·as·tat·ing, dev·as·tates 1. To lay waste; destroy. 2. To overwhelm; confound; stun: was devastated by the rude remark. ." About Freedland, Glassman, Farmer & Sheller The law firm of Freedland, Glassman, Farmer & Sheller has built their careers around protecting the rights of victims in some of the nation's most significant cases and issues. From the first Fen-Phen cases, to Florida's infamous election litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. fighting for a recount to the most recent class-action lawsuit against the manufacturer of Prozac, Freedland, Glassman, Farmer & Sheller have proved both individually and now collaboratively that they are qualified to take on the most challenging legal causes. |
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