A joke that runs throughout all 12 seasons of The Big Bang Theory involves the elevator in Leonard, Sheldon, and Penny’s apartment building, which is broken and cannot be used. In every show, we see the characters walking up the stairs to their 4th floor apartments. Occasionally, they are shown opening up the doors and looking into the elevator shaft or even throwing things into the elevator shaft. “The Staircase Implementation” episode explains how the elevator was broken. [1]
If one of the characters was injured in the elevator shaft, would they be able to sue the landlord?
Whether or not you can sue your landlord for being injured on their property depends on a number of factors, including the terms of your lease and whether or not the landlord was aware of the hazard that caused the injury and where on the property the injury occurred.
In any premises liability claim, first you need to prove there was a hazard. The injured person will next need to show that the landlord knew or should have known about the hazard. Then the injured person will need to demonstrate how the hazard caused their injury, and what harm they have suffered as a result.
In the case of a resident injured in the property where they live, they will need to address additional factors in their claim, such as – did they know about the hazard? Did they inform the landlord or property manager of the hazard? Was the resident responsible for avoiding or repairing the hazard?
Coming back to The Big Bang Theory elevator, an elevator that is out of order, with an elevator shaft that can be easily accessed is pretty clearly a hazard. The characters know about the hazard. It’s unclear if they informed the landlord about it, but a broken elevator is a pretty major and obvious danger, so I think we can assume that a reasonable landlord or property manager should have known about it. But were they responsible for avoiding the elevator shaft? Especially since the elevator is marked with criss-crossing caution tape?
If Sheldon, Leonard, or Penny was injured in the elevator shaft, they may have a premises liability claim against the landlord. They would need to consult a knowledgeable attorney to learn more about their options.
If you were injured in either residential or commercial rented property, contact Aversa & Linn to discuss if your landlord might be responsible.
[1] The elevator broke by experimental rocket fuel that Leonard brought into the elevator to try to bring outside. Sheldon saved Leonard’s life by closing the elevator after taking Leonard out.
