QUESTION
Can I still file a lawsuit against my landlord for my injury when I fell on ice at the bottom of the stairs in my apartment?
Asked on Apr 10th, 2014 on Personal Injury - Nevada
More details to this question:
I fell on ice on February 18 2014 at the bottom of the stairs. My right foot caught some dry pavement and turned inward. I felt a huge pull. I was able to get up and drive to the house I work at, I did not stay but, went to the neighbor’s house. The neighbor is a general Physician. She gave me some advice, icing i.e. She said I should get it looked at, but I have no extra money and no insurance. I was hoping it was just a sprain and feel better but it has not gotten any better still as of today. When I fell I immediately took a picture and sent a text to my landlord saying I fell and if I have to see a doctor I would let them know. By the time I came home they took care of it, but I have a lot of pictures of their neglect from this bad winter. I do not know what to do, I am 47 and just want my knee to be right, not limping for the rest of my life. Is it too late to go to a doctor for a case? Or go to a lawyer first? I am afraid to make a move because I want to make the first right move at this point. Can they terminate my lease if I sue? The reason I did not push in February was because my lease was up at the end of February and wanted it renewed. I tried to be nice and just asked them to reimburse me for a knee brace I bought that I thought would help, they said no. Now I am upset and want to sue. Thanks for your time.
9 ANSWERS
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answered on Apr 14th, 2014 at 11:07 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Were you looking where you were going? You have to not only prove negligence on the part of the landlord, but you have to prove you were not negligent, that you were looking where you were going and that the ice was not open and obvious. Get a lawyer and review the facts.
Answered on Apr 14th, 2014 at 11:27 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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What do you mean "still"? The accident just happened. If you had gone to a lawyer, say Feb 20 I doubt that a lawsuit would have been filed yet. Now, the question says "ice", but the description says "dry pavement" so I don't know which it is. Get whatever medical attention you need. Your landlord may have a medical payments provision which will cover medcial expenses up to a certain amount regardless of liability, but usually that won't cover tenants. Ask about it anyway. They can't terminate your lease as retaliation for filing a lawsuit. See an experienced personal injury lawyer in your area for discussion about liability issues. Consultations are free and there is no charge to you unless money is recovered on your behalf.
Answered on Apr 14th, 2014 at 8:06 AM
Ronald A. Steinberg
Under Michigan law, if you are on the lease, then the landlord owes you a duty to provide reasonably safe common areas. He may have violated that duty. Get lots of pictures and hire a lawyer.
Answered on Apr 14th, 2014 at 6:46 AM
James Eugene Hasser
Just because you got hurt on the complex property does not necessarily make them liable. You have to show they were somehow negligent. If you can't do that and they have premises liability insurance that has a medical payments provision in it, it may pay for your medical bills only.
Answered on Apr 11th, 2014 at 5:57 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Can you sue? If the owners/managers knew or should have known of the dangerous condition and had sufficient enough notice time-wise of the condition and did not remedy it, then you may have a valid claim. You have 3 years within which to file suit. Follow up with your doctor so that you can't be later accused of failing to mitigate your damages. Can they evict you? Yes, if they have grounds to do so. If you have a lease that runs for another year, then the fact that you sue them doesn't give them grounds to evict you.
Answered on Apr 11th, 2014 at 5:57 PM
3 Awards
Is it possible? yes is it likely to resolve in your favor, maybe not there is difficulty connecting the injury to the property and time period there is difficulty showing that property had ice on it call one of the big TV personal injury attorneys - they will likely give you the best advice - try 2-3 before you give up.
Answered on Apr 11th, 2014 at 5:57 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Statute of limitations is 3 years.
Answered on Apr 11th, 2014 at 5:57 PM
James Edward Smith
Go get a lawyer before you make a mistake and ruin your case.
Answered on Apr 11th, 2014 at 5:56 PM