QUESTION

Can I sue if I fell over three stairs in hurt my wrist?

Asked on Nov 17th, 2012 on Personal Injury - New York
More details to this question:
I never told her about her stairs but they are mess up. I was going down the stair in miss a step cause the lower stairs is push in. Plus there no banister. My right risk is fractured I do not know if this apartment cover with assurance or not. We have not done a lease it is just a month-to-month stay. Can I still sue her? I have a 9-month year old son. An it is hard to pick him up because my risk is mess up.
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9 ANSWERS

Ronald A. Steinberg
First, I suggest that you return to school and study English. If you want to survive in this world, you need to be able to communicate with people effectively. That involves decent spelling and grammar. Second, in order to hold someone responsible for defective premises, they have to KNOW that there is a problem. There are 2 ways for them to know: someone tells them that there is a problem, or that the problem existed for an unreasonably long period of time, so that they SHOULD HAVE known that there was a problem. If "she" did not know there was a problem, then how can you blame "her"? If YOU knew that there was a problem prior to your falling, then it seems that you were just not careful enough, or that you were not paying attention.
Answered on Nov 22nd, 2012 at 6:15 PM

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You have not provided enough facts for me to answer this question. If there is a dangerous condition and the property owner knows or should have known of the condition then yes they are responsible.
Answered on Nov 21st, 2012 at 5:57 AM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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If I understand you correctly, you are renting an apartment and you fell and broke your wrist because the stairs are defective. If that is what happened, this would fall into the category of a dangerous condition of real property, the type of thing you can sue the owner for. It wouldn't matter whether you have a written lease. If you were to sue, you would seek recovery for such things as medical bills, medication, lost work, pain and suffering, and costs of suit (not attorney fees). The person who owns the apartments may have insurance to cover the harm, but you do not sue the insurance company. The defendant will notify the insurer and possibly the insurer will end up paying the claim. If you sue and win, all you will get is money. That's the only way for the defendant to compensate you, the plaintiff. Most cases settle before they get to trial, once it is clear whether the plaintiff has a good case and how much it's worth. No one can make you settle your case, but if a settlement offer is made, it's wise to consider it carefully before deciding. You may sue yourself or you may hire a personal injury attorney to sue for you. Often the attorney will take the case on a contingent fee, meaning he or she gets a percentage of the money recovered, rather than charging by the hour. Either way, the agreement must be in writing. You ought to consult with at least one personal injury attorney to get the specific advice about your case. Take with you all relevant documents, including photographs, along with a list of witnesses and a chronology of events. It would be a good idea to keep a diary to document how the injuries affect you, what hurts and when, how much work time is lost, etc. At the same time, it is important to get proper medical care to take care of the injury and make sure you don't get worse just because you waited, or didn't get the care you need.
Answered on Nov 21st, 2012 at 5:56 AM

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Personal Injury Attorney serving Indianapolis, IN at Bernard Huff
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You may sue the apartent owner if there was negligence with the maintance of the stairs. However, you should first consult with a lawyer who handles slip and fall cases for specific legal advice.
Answered on Nov 21st, 2012 at 5:56 AM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Yes. Sue landlord faulty stair, no railing. Lease not matter.
Answered on Nov 20th, 2012 at 1:44 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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Yes you can still sue. I am not necessarily saying they are liable. This depends on whether the stairs were dangerous. You say they are "mess up" but that it sort of vague.
Answered on Nov 20th, 2012 at 1:30 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Maybe. There will be problems because you did not report the condition to your landlord and demand repair, but there should be a bannister, so the property was likely not up do code. See a lawyer in your area so that steps can be taken to get you a financial recovery.
Answered on Nov 20th, 2012 at 12:55 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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If the stairs do not comply with building code or are otherwise defective and if that is the reason you fell you can sue and perhaps win. You don't win just because you fell. You win because someone else is negligent. (careless)
Answered on Nov 20th, 2012 at 5:07 AM

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Personal Injury Attorney serving New York, NY at Rothstein Law PLLC
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Yes. The landlord is responsible. Photos should be taken ASAP.
Answered on Nov 20th, 2012 at 4:52 AM

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