QUESTION

Can I be compensated for a slip and fall at my apartment building?

Asked on Oct 10th, 2013 on Personal Injury - Virginia
More details to this question:
I fell and broke my arm on February 26, 2009 while walking from my apartment walk way to my car. I was immediately taken to the hospital, had a battery of test performed and it was determined by the hospital doctor that my dominant arm (Left) was broken. I under went physical therapy for 8 weeks, was unable to work for 3 months and have hospital bills over $50,000.00. The day of my injury, it was snowing and under the snow on the walk-way entrance to my building, ice had built up and was not removed by the entity hired by the association of my apartment complex. Furthermore, when the medical transportation folks arrived at my apartment building, one of the attendants almost fell in the exact spot where I fell and broke my arm.
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7 ANSWERS

Ronald A. Steinberg
Probably not any more. All states have statutes of limitations which control how much time you have to file a claim or a law suit. Michigan allows 3 years. The only way to get around it is if you were a child at the time of the accident, and you are not older than 19 now (under Michigan law), or if you were mentally incompetent until just recently. Otherwise, you are probably barred by the statute of limitations.
Answered on Oct 10th, 2013 at 2:58 PM

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Thomas Edward Gates
You missed the statute of limitation for filing any legal action.
Answered on Oct 10th, 2013 at 1:29 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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In Michigan, because the trial and appellate courts seem to favor landlords, it is best to consult a lawyer that regularly handles premises cases to have your fact pattern analyzed and some legal research done to see if you may have a case. The general legal proposition is that landlords have a duty to provide a safe premises for it's tenants. However, they must know of a condition and have an adequate time to remedy the condition for there to be possible liability. Complicating this general premises liability scenario, as aforementioned, is that the Michigan courts have held that any condition that is "open & obvious" takes away the general duty of the landlord to fix/warn of any dangerous condition (of course, this makes little sense, since something that is "o&o" to a pedestrian is also "o&o" to the landlord/premises owner, so their duty should not be obviated and the general principles of comparative negligence should apply - but try and convince the "tort reformers" of that). There are certain exceptions to the o&o doctrine, so that is why your specific facts would need to be plugged into the existing case law for an analysis as to the landlords duty. Generally cases against the snow/ice removal company are also not very viable in Michigan, but again, a bit of research on that issue is also in order. Lastly, and maybe firstly, the statute of limitations for general personal injury cases is 3 years in Michigan, and unless there is some reason to toll it and/or you have filed a case within the 3 years, you are probably too late to file.
Answered on Oct 10th, 2013 at 12:49 PM

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James Eugene Hasser
Not in Alabama. You're too late. Good luck.
Answered on Oct 10th, 2013 at 12:49 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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If you are in NY, you are too late, the statute of limitations is 3 years. Even then, the liability is kind of "iffy": they allowed the ice to build up, that can be negligence. But, it was snowing at the time you fell, that can be a defense.
Answered on Oct 10th, 2013 at 12:48 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Excuse me for the dumb question but is it your position that while it is still snowing the owners of the apts should be out clearing the way for you Normally it is required to establish liability that a dangerous condition existed. That it Had existed for a time and the owners did nothing to correct. You are going the law one better and requiring the owner to anticipate a problem and deal with it in progress. That means the owners would have to follow you from your apt to your car and back by all routes you might choose. And insure that you would not meet a dangerous condition. How would you deal with all of your other ramblings during the day while it snowed? Is every owner of every property that you might visit to be under the same rule I would be interested in your point of view.
Answered on Oct 10th, 2013 at 12:37 PM

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Criminal Defense Attorney serving Alexandria, VA at Michael J. Sgarlat
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Hire a personal injury attorney and sue the apartment complex and the maintenance company responsible for snow removal. You'll have to prove that they knew or should have known about the dangerous condition and did not warn you.
Answered on Oct 10th, 2013 at 12:22 PM

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