Parrish, FL asked in Construction Law and Personal Injury for Florida

Q: Are there any laws that make it illegal to have an AC unit in the attic?

A person injured trying to stop a leak.... they climbed into the attic on multiple occasions over the years to store items and knew not to step on the drywall. The person was injured coming down the ladder when the ceiling caved in and was told by a healthcare worker that had a friend that similar happened too, and was told it was illegal to have an AC in the attic. The person has a compression fracture in their L1 vertebra, sprained ankle, other lacerations, and fell approximately 12 feet. They are lucky to be alive... does anyone know anything about this and if it was the builder's responsibility to move the AC unit? Thank you.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: The issue of whether there is liability for the injuries described and the issue of whether it was legal for the A/C unit to be installed in the attic are two separate issues, though if it was illegal, it could be one factor (amongst others) in the negligence analysis. Your local government building dept. would know if it's legal or not, and whether the bldg. permit issued included permission for that installation. Regarding a potential personal injury claim, you inquiry is vague as to why the ceiling caved in while the person was coming down the ladder. In any event, he/she should consult an attorney in his/her geographic area, as there would be a number of attorneys offering a free consultation for this matter.

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