QUESTION
Can I sue my apartment complex for falling through a broken concrete step from the second floor?
Asked on Feb 10th, 2014 on Personal Injury - California
More details to this question:
I was coming home from the gym this morning and I had my gym bag and my lunch box from work (I work nights) as I was walking up my stairs one of the steps just up and gave way disintegrating into pieces. I fell through to the ground below probably almost died. I don’t have any Injuries just some scratches and a few bruises. I called the complex and was obviously pretty heated. I told them I wanted the step fixed that day and the woman just hung up on me. I called back and she rudely informed me she was putting in a ticket. Never asked if I was injured or not. Point is I hate this place the maintenance is terrible and I bet every staircase in this place has an accident waiting to happen. By the way, I did take pictures.
11 ANSWERS
Ronald A. Steinberg
Probably. Under Michigan law, they must give you reasonably safe common areas, which included stairs, etc. You have to prove that they knew or reasonably should have known that there was a problem with the stairs in enough time to fix them before you got hurt.
Answered on Mar 03rd, 2014 at 4:32 PM
Edwin K. Niles
Your claim would be based on negligence, the failure to use REASONABLE care. Did the management have prior knowledge of the condition of the step? Did they have an opportunity to repair?
Answered on Feb 14th, 2014 at 3:08 PM
Admiralty and Maritime Law Attorney serving Gulf Breeze, FL
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Law Offices of John W. Merting, P.A.
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You can not recover for what could have happened to you, only for the damages you actually sustained.
Answered on Feb 14th, 2014 at 2:47 PM
Thomas Edward Gates
If the landlord did not have prior knowledge of the defect, he probably is not liable. Since you injuries are minor, you do not have a claim to pursue.
Answered on Feb 13th, 2014 at 10:21 PM
James Eugene Hasser
You'll need to be able to prove they knew or should have known about it and the condition was not open and obvious. However, since your injuries are fortunately just slight, there will be a real question as to the value of the claim. Because of that, you probably won't be able to get a lawyer to take the case on a contingency basis and will have to pay one by the hour.
Answered on Feb 13th, 2014 at 9:47 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You almost died but you had no injuries? How did you almost die from injuries you did not have? Maybe you were almost injured, which would mean that you almost died from injuries you almost had, but might have, but didn't.
Answered on Feb 13th, 2014 at 9:37 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Without substantial injuries, you really don't have a case for damages. However, you may consider reporting the complex to your city's building department and see if maybe they will put pressure on the owner to make repairs.
Answered on Feb 13th, 2014 at 9:35 PM
Yes, you have a good case as to liability, but your damages are minor so the case is worth very little. Most attorneys would not handle it as its value is almost entirely just emotional distress.
Answered on Feb 13th, 2014 at 9:34 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If you were injured you could certainly sue the complex owner for your damages. Concerning personal injuries, don't be so certain that you weren't injured. Often times, your injuries become apparent days after the event, and in some cases even longer after the event. If you develop aches and pains and symptoms, make an appointment with your doctor to document the cause and effect of the medical problems.
Answered on Feb 13th, 2014 at 9:33 PM
It is possible they are negligent in maintaining the property, but you have no damages as you admit.
Answered on Feb 13th, 2014 at 9:32 PM
You may have legal remedies against your landlord for the condition of the rented premises and any personal injuries you sustained.
Answered on Feb 13th, 2014 at 9:18 PM