QUESTION

Can I sue my apartment complex if I only twisted my ankle falling off the stairs?

Asked on Jun 23rd, 2013 on Personal Injury - Michigan
More details to this question:
My landlord recently fixed my stairs to my apartment but didn't do a good job. One of the steps is kind of tucked in under another step making it a very small step to step on. I recently fell down the stairs but didn't get hurt just a twisted my ankle because I grabbed the hand rail quick and was wondering if I can sue for almost getting really hurt?
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9 ANSWERS

James Eugene Hasser
You can only sue for the injuries you had.
Answered on Jun 24th, 2013 at 2:58 PM

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Personal Injury Attorney serving Midvale, UT at Arrow Legal Solutions Group, P.C.
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You cannot sue for the damages you might have sustained, but only for the damages that you actually did suffer.
Answered on Jun 24th, 2013 at 2:45 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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No you don't sue anybody for "almost" being hurt. that is what is wrong with the court system today. Get on with your life
Answered on Jun 24th, 2013 at 2:44 PM

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Auto Attorney serving Bloomfield Hills, MI at Gregory M. Janks, P.C.
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In Michigan a landlord has a statutory duty to provide a habitable premises. Sometimes Michigan courts/judges strain to interpret facts to help landlords and take away valid claims of injured folks and say that the parking lot, or the sidewalk, etc. aren't part of the premises that you are renting or only have to be safe for cars, etc. So you probably have a case of some liability, moreso if you can also show poor construction, but you never know what a Michigan judge will do to your case when the defense files to throw it out. Another "problem" is that you can only collect for injuries that actually happened, not for what could have happened. So if your injuries are a twisted ankle, the value of such an injury would not be very great. Value would, in part, depend on the amount of medical treatment, the diagnosis and prognosis, the cost of treatment, whether there is any permanency, etc.
Answered on Jun 24th, 2013 at 9:50 AM

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Ronald A. Steinberg
Yes you can sue.
Answered on Jun 24th, 2013 at 9:32 AM

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Car Accidents Attorney serving Newport Beach, CA at Russell & Lazarus
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You are able to sue your landlord, but it does not sound as though you will be able to get a judgement against him if you do sue him. When people suffer an injury, they have a right to recover for pain and suffering as well as a right to recover money for out of pocket losses such as their medical expenses. If you were not hurt, then you cannot be awarded damages for pain and suffering. If you have no out of pocket losses such as medical expenses, then you cannot recover medical expenses either. It does sound as though there is a dangerous condition on the premises. But, if there is no harm (even when a dangerous condition does exist), then there is no right to a judgement against the landlord. It sounds as though you should let the landlord know right away about the dangerous step on the stairs so he can fix it before you or someone else gets hurt. You should let him know as quick as possible, and you should notify him of the same in writing at the same time. Also, you should keep a copy the writing for your records.
Answered on Jun 23rd, 2013 at 8:43 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You can only sue for your actual damages.
Answered on Jun 23rd, 2013 at 8:43 PM

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If people could sue for almost getting injured then there would be a huge number of lawsuits all depending on guess work if injury would really occur. Can you be sued for unlawful detainer because you might miss a rent payment? Of course not, so why can you sue for damages for something that did not occur? You can sue for his creating a dangerous condition and get an injunction to fix the stairs, but it is much better to try t get him to fix the problem.
Answered on Jun 23rd, 2013 at 8:43 PM

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Thomas Edward Gates
No, you have no case.
Answered on Jun 23rd, 2013 at 8:43 PM

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