This is the scenario: Vacant house with new tenants to take possession August 1, however had already moved a few item in. Back door left unlocked by tenant. Small children enter thru back door, discover paint and procede to paint inside of house. Fortunately children not harmed. Who is liable?
1 Answer from Attorneys
Re: Landlord Liability
Who is liable?
Whoever left the door unlocked, of course.
Provided, however, it depends on whether there are any measurable damages. If the place was going to be painted anyway, I would guess the only damages would be the value of the amount of paint that was wasted.
Any negligence claim (which this seems to be) depends on three things:
An act of negligence by an identifiable party;
Damages measurable in dollars and/or cents; and
Causation linking the two previous elements together.