QUESTION
Can I sue my apartment complex for sloping on ice outside my door?
Asked on Feb 02nd, 2014 on Personal Injury - Idaho
8 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 fault.
Answered on Feb 05th, 2014 at 9:13 AM
Ronald A. Steinberg
Yes, especially if they had notice of an ongoing problem with ice accumulating there.
Answered on Feb 05th, 2014 at 9:13 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Slip and fall cases are hard. You have to prove negligence on the party of the first part. How long had the ice been there? How much time did someone have to work on it? Did you know about it? If you did why did you walk on it? You must also prove that your negligence was not involved in any way. Can you do that?
Answered on Feb 05th, 2014 at 8:59 AM
James Eugene Hasser
It depends on whether they were negligent and you weren't. Good luck.
Answered on Feb 05th, 2014 at 8:59 AM
You would have to show that the management of the complex failed to act as a reasonable person would and had adequate notice of the defect/problem to do something about it. Usually slip and fall cases can be difficult to successfully prove, especially since a defense is that the hazard was so obvious that you should have seen and avoided it. If you did not know it was there, how would the management know? You probably would not be successful.
Answered on Feb 05th, 2014 at 8:58 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes you can. But these cases are more involved than you might think. See a personal injury lawyer in your area, sooner rather than later.
Answered on Feb 05th, 2014 at 8:58 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Send them a letter first asking for them to pay your medicals and pain and suffering. If you don't have any medical bills, you really don't have any damages and no basis to sue.
Answered on Feb 05th, 2014 at 8:57 AM
Thomas Edward Gates
If you do not have significant injuries, you cannot sue and prevail.
Answered on Feb 05th, 2014 at 8:57 AM