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Old 19.09.2011, 00:06
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Accident in our flat caused (probably) by construction and renovation

We have some renovatins in our building. Well, in fact a new floor is being built right now. As a result, (well, I am not certain, but it seems like there cannot be any other reasonable factors for this) we have some severe problems in our flat: One of the heaters is severly damaged; the wooden ceiling in our bathroom has become unstable. We contated the agency, and after long and stuborn calls we made them calling some construction manager that arrived to take a look at our problems. He concluded that these problems should be fixed, and we were supposed to fix an appointment last week, but he skipped it. Now, a piece of the wooden ceiling has fallen on my head while I was taking a shower.
It was scary and very unpleasant.

Do you think I can go to the court with this and demand a compensation? I think that wooden pieces falling in tenants' heads is way too much.
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Old 19.09.2011, 00:07
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Re: Accident in our flat caused (probably) by construction and renovation

No



..........
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Old 19.09.2011, 00:10
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Re: Accident in our flat caused (probably) by construction and renovation

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We have some renovatins in our building. Well, in fact a new floor is being built right now. As a result, (well, I am not certain, but it seems like there cannot be any other reasonable factors for this) we have some severe problems in our flat: One of the heaters is severly damaged; the wooden ceiling in our bathroom has become unstable. We contated the agency, and after long and stuborn calls we made them calling some construction manager that arrived to take a look at our problems. He concluded that these problems should be fixed, and we were supposed to fix an appointment last week, but he skipped it. Now, a piece of the wooden ceiling has fallen on my head while I was taking a shower.
It was scary and very unpleasant.

Do you think I can go to the court with this and demand a compensation? I think that wooden pieces falling in tenants' heads is way too much.
You knowingly entered into a room that was declared unsafe , and you want compensation ? Had you gone to an alternative place to stay whilst the problems were fixed, you could claim compensation, but you chose to accept the risks and stay if you ask me.

Still , it's a mad world, why not give it a go.
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Old 19.09.2011, 00:21
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Re: Accident in our flat caused (probably) by construction and renovation

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You knowingly entered into a room that was declared unsafe , and you want compensation ? Had you gone to an alternative place to stay whilst the problems were fixed, you could claim compensation, but you chose to accept the risks and stay if you ask me.

Still , it's a mad world, why not give it a go.
I can not believe Switzerland is a 3rd world country.

So the company says it has problems but not EXPLICITELY demands to move to an alternative place paid by them.

For me it having a problem is not necessarily needs to move.

For me he can sue the company for negligence. That is how a 1st world has to be run.
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Old 19.09.2011, 00:23
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Re: Accident in our flat caused (probably) by construction and renovation

I have forgotten to mention that the construction guy that was sent by the agency declared that the bathroom is fully safe and nothing is going to fall down. Furthermore, he skipped that appointment that was supposed to take place last week.


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You knowingly entered into a room that was declared unsafe , and you want compensation ? Had you gone to an alternative place to stay whilst the problems were fixed, you could claim compensation, but you chose to accept the risks and stay if you ask me.

Still , it's a mad world, why not give it a go.
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Old 19.09.2011, 00:28
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Re: Accident in our flat caused (probably) by construction and renovation

Did you have to get medical help? Repayment for any medical bills you have which are not paid for by your insurance would sound reasonable.

If you want to take them to court for emotional damages suffered by this I think you should stop watching American tv shows....
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Old 19.09.2011, 00:30
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Re: Accident in our flat caused (probably) by construction and renovation

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I have forgotten to mention that the construction guy that was sent by the agency declared that the bathroom is fully safe and nothing is going to fall down. Furthermore, he skipped that appointment that was supposed to take place last week.
If you have that in writing, you could claim of their liability insurance.
If not, and you have no witnesses, you should seek a lawyer.
Try your insurance company first , if you have a legal aid policy.
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Old 19.09.2011, 00:33
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Re: Accident in our flat caused (probably) by construction and renovation

welly ou can try but being it Ch.....

And where else is he supposed to go? I have nowhere else I could stay at of something like that were to happen in my place. and if it wasnt safe it should have been condemned and arrangements made by the letting agency. I d sue just to make a point.
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Old 19.09.2011, 00:36
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Re: Accident in our flat caused (probably) by construction and renovation

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I can not believe Switzerland is a 3rd world country.

So the company says it has problems but not EXPLICITELY demands to move to an alternative place paid by them.

For me it having a problem is not necessarily needs to move.

For me he can sue the company for negligence. That is how a 1st world has to be run.
In 1st World countries there are many steps before suing...arbitration, negotiation, assessment... Suing is a last resort.

What 1st World Country do you come from ?
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Old 19.09.2011, 00:37
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Re: Accident in our flat caused (probably) by construction and renovation

No any medical dmage, and no any emotions are inovlved here.

I pay a rent for an apartment which is in particular supposed to be safe. The quality of my life has been severely reduced by all the drawbacks (as e.g. falling wooden pieces from the ceilling) imposed by the renovations in the building. They have the right to build a further floor, but they are also obliged to take care of the current tenants who pay rent.
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Old 19.09.2011, 00:38
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Re: Accident in our flat caused (probably) by construction and renovation

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welly ou can try but being it Ch.....

And where else is he supposed to go? I have nowhere else I could stay at of something like that were to happen in my place. and if it wasnt safe it should have been condemned and arrangements made by the letting agency. I d sue just to make a point.
A Hotel, Business apartments, friends, family....
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Old 19.09.2011, 00:41
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Re: Accident in our flat caused (probably) by construction and renovation

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No any medical dmage, and no any emotions are inovlved here.

I pay a rent for an apartment which is in particular supposed to be safe. The quality of my life has been severely reduced by all the drawbacks (as e.g. falling wooden pieces from the ceilling) imposed by the renovations in the building. They have the right to build a further floor, but they are also obliged to take care of the current tenants who pay rent.
Yes you should be safe in your flat. Taking them to court will take time, cost money and won't help you right now. If I were you I would ask them to arrange temporarily housing for you and have them fix your flat asap.
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Old 19.09.2011, 00:42
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Re: Accident in our flat caused (probably) by construction and renovation

Great advice, so smart, next step rocket science.

I am paying a rent for a safe flat. Why am I supposed to pay twice?


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A Hotel, Business apartments, friends, family....
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Old 19.09.2011, 00:56
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Re: Accident in our flat caused (probably) by construction and renovation

Vlad don't worry.
- You indicated to the real estate agency that there was a problem
- They acknowledged the issue by sending you the construction company for verification
- It was declared safe
- You used the facility and had an accident relating to the construction.

You might have had difficulty proving it had you not contacted them before, but you did, so it will be ok, they'll have to acknowledge it.

Taking them to court (unheard of and unrealistic) is not really feasible for such a minor issue and is more the expression of your anguish.
Nevertheless if you can not use part of your flat, due to an issue not caused by you, then I believe that you might be able to ask the agency for a temporary reduction in rent (covering the time the room/facility/utility etc is out of order).
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Old 19.09.2011, 01:04
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Re: Accident in our flat caused (probably) by construction and renovation

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Great advice, so smart, next step rocket science.

I am paying a rent for a safe flat. Why am I supposed to pay twice?
You will get it back...That isn't rocket science. You don't pay rent for a place you can't live in. Withhold the rent. (Technically a breach of contact , but if the place is unfit, then the contract has already been breached)
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Old 19.09.2011, 01:04
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Re: Accident in our flat caused (probably) by construction and renovation

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A Hotel, Business apartments, friends, family....

if they pay for it I gladly go. and then the dog, clothes (we all know how long construction takes) no friends or fam to stay with

Edit:
When we moved in we were promised new wooden floors and walls redone as the previous dog destroyed everything( supposed to be done before moving). when I arrived with trucks full of stuff nothing has been done. 3 weeks later I receive a call saying "ah we have some time now" you can stay there but we have to cover everything for 2 weeks, will come at 7.30 till 17.00 and that for over a week. and we will be restaining the floors (which is not possible to stay in flat when they do that) all the agency offert me was a garage box to put in all our things.....so I said no F u and you can do it with the next tenants. Good thing is now I have nothing to worry about when spilling something or scraping the walls...
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Old 19.09.2011, 01:15
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There surely must exist an official oversight body for checking whether buildings are built according to the code etc. Make photos, gather written testimony and then tell the construction company or building owner you'll make the call. I think building inspectors are probably the last thing they want at the site right now. And yeah, mention the press :-)
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Old 19.09.2011, 01:21
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Re: Accident in our flat caused (probably) by construction and renovation

American version:

Ceiling board falls on your head.
You sue the building contractor over 25 million dollars, compensatory damages to cover the dent in your soul caused by the 3 seconds of shock state between something unexpectedly hitting you and you realizing it was only a ceiling board, no real damage done.
You spend three weeks in court and 65 hours on the phone with your lawyers.
You and the opposite party agree to an out-of-court settlement.
You get 400 grand, i.e. actually your lawyers get 280, you get 120, minus taxes etc..
Eventually, everybody is happy.

Swiss version:

Ceiling board falls on your head.
You notice no damage.
Case closed (from the legal point of view, anyway).
You feel frustrated enough to ask EF for help.
A thread with 157 totally contradictory posts ensues, keeping EFers busy for six days in a row.
Eventually, everybody is happy (except, of course, lost_inbroad, who will say the Swiss system is the worst in the world).
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Old 19.09.2011, 01:29
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Re: Accident in our flat caused (probably) by construction and renovation

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We have some renovatins in our building. Well, in fact a new floor is being built right now. As a result, (well, I am not certain, but it seems like there cannot be any other reasonable factors for this) we have some severe problems in our flat: One of the heaters is severly damaged; the wooden ceiling in our bathroom has become unstable. We contated the agency, and after long and stuborn calls we made them calling some construction manager that arrived to take a look at our problems. He concluded that these problems should be fixed, and we were supposed to fix an appointment last week, but he skipped it. Now, a piece of the wooden ceiling has fallen on my head while I was taking a shower.
It was scary and very unpleasant.

Do you think I can go to the court with this and demand a compensation? I think that wooden pieces falling in tenants' heads is way too much.
decide what you want first then ask for it. maybe reduced rent until problem fixed, or payment for alternative place to live.

imo, you should be able to get one or the other (and probably compensation already for the nuisance).
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Old 19.09.2011, 07:26
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Re: Accident in our flat caused (probably) by construction and renovation

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You will get it back...That isn't rocket science. You don't pay rent for a place you can't live in. Withhold the rent. (Technically a breach of contact , but if the place is unfit, then the contract has already been breached)
Oh god. Don't do that. UTH, do you ever give *good* advice?

If you call the Mieterverband, the first thing they'll tell you is not to withhold the rent, as the rental agency then has the right to kick you out for not paying. If it comes to that, there is a special government organization which can arrange for a safe account to pay the rent into until such time as it'd decided who gets how much... In the meantime, the best advice is, as usual, to call the Mieterverband. Even as a non-member, they have a hotline you can call that will cost some nominal amount for a 20 minute consultation.

Alternatively, call up the rental agency and tell them what happened. Sometimes they're reasonable, but if you go that route, I don't recommend an aggressive approach.
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