QUESTION
Can I sue my landlord for a personal injury?
Asked on Jul 16th, 2011 on Personal Injury - Oregon
More details to this question:
I informed landlord 2 months in advance that steps were in need of repair, and I took pictures and got an estimate. Before the steps were repaired , one of the brick came lose and I fell 4 feet and broke my elbow. I do not have disability insurance, and no income, what can I do?
22 ANSWERS
Personal Injury Law Attorney serving Naperville, IL
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Law Office of Barry R. Rabovsky
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You may have a case, based upon the information that you have supplied.
Answered on Jul 10th, 2013 at 12:29 AM
Workers Compensation Attorney serving West Palm Beach, FL
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Yes. You need to hire a personal injury attorney.
Answered on Jul 24th, 2011 at 3:39 PM
Yes. The fact your landlord was given notice of a dangerous condition and failed to act in a timely manner is strong evidence of negligence. Negligence is a basis for your claim against the landlord.
Answered on Jul 22nd, 2011 at 9:30 AM
Personal Injury Attorney serving Houston, TX
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Riley Law Firm
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You can sue the landlord for your damages. You have 2 years from the occurrence in question to file a suit on a timely basis. You should retain competent Texas legal counsel to assist you in prosecuting your claim.
Answered on Jul 21st, 2011 at 10:16 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Yes you can sue your landlord. I would recommend that you hire a reputable personal injury attorney to file a claim against the responsible party(s), whether that is the landlord, the owner of the building, or the management company (or all). If you choose not to hire an attorney, you should send a letter to your landlord describing the circumstances and demanding settlement. You should also determine if the landlord or owner carries any no fault insurance that will cover your medical expenses prior to settlement. If they don't, you will be responsible for your own treatment and will likely only be reimbursed if and when you win or settle your case.
Answered on Jul 21st, 2011 at 9:12 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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All property owners have a legal duty to keep their property free of known hazardous defects. If a landowner fails to make repairs within a reasonable time after knowing of the defect, he is legally liable for any forseeable damages that result. Damages would include medical bills, loss of income if any and pain and suffering. Although the scenario you describe includes the necessary criteria, he might also have defenses; for example, if there was another way in and out of the apartment, he could claim that you assumed the risk of injury by using the stairs that you knew to be defective.
Answered on Jul 21st, 2011 at 9:10 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, you can sue.
Answered on Jul 21st, 2011 at 9:07 AM
Personal Injury Attorney serving Austin, TX
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Law Offices of Earl K. Straight
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You should contact an attorney about filing a claim on your behalf. The pictures and evidence you have showing the landlord had actual notice of the condition of the property should go a long way towards establishing your claim.
Answered on Jul 20th, 2011 at 7:52 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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From the information you've proviided, you have a valid claim. Depending on all of the circumstances relating to your injury, you could recover substantial money damages. You should consult with an attorney.
Answered on Jul 20th, 2011 at 7:33 PM
Admiralty and Maritime Attorney serving Delray Beach, FL
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Aronberg, Aronberg and Green, Injury Law Firm
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Yes you may sue your landlord under these facts for your injury. Did you by any chance tell your landlord IN WRITING about the problem with the steps prior to your fall? The landlord may have an insurance policy that provides for "medical payment" coverage for you. Have you asked him/her for the insurance information? Have you been in touch with the insurance company?
Answered on Jul 20th, 2011 at 7:33 PM
A lot of Virginia personal injury questions involve slip and fall issues. You can make a claim against your landlord. The landlord was on notice of he condition and did not repair it. However, there is a defense under Virginia injury law. Contributory negligence will be raised by the property owner. What this means is that the landlord will claim that you were aware of the condition and so should have paid attention. You will need to provide more facts to enable me to look at the issue. It is probably a good idea to meet with an experience personal injury attorney to go over the fact of your slip and fall injury to see if contributory negligence will bar your claim.
Answered on Jul 20th, 2011 at 7:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The problem of repair is that of the landlord. However, you were aware of the problem and that might expose you to some liability if the condition was open and obvious. That would be the landlord defense. Was the condition open and obvious? If it was you should have avoided it.
Answered on Jul 20th, 2011 at 7:15 PM
Personal Injury including Litigation Attorney serving Wilmington, DE
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Ramunno & Ramunno, P.A.
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You should discuss with an attorney that handles this type of claim since you may be able to recover your losses.
Answered on Jul 20th, 2011 at 7:12 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes, you certainly can sue the landlord. I have many cases against landlords right now. They owe you the highest duty to make the place safe.
Answered on Jul 20th, 2011 at 7:00 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes you certainly can sue your landlord. If he had kept your steps in good repair you would not have suffered your broken elbow, from what you tell me. He knew there was a problem and had plenty of time to repair it.
Answered on Jul 20th, 2011 at 6:57 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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It won't hurt to try.....contact a good personal injury lawyer and have a consultation with him or her....it's usually free. Since you were aware of the defective steps, they would undoubtedly argue that there is a high degree of comparative negligence, but if that's your only means of ingress and egress to your apartment, then you have a good argument against comparative negligence.
Answered on Jul 20th, 2011 at 6:53 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can sue the landlord for premises liability. You should retain an attorney to assist you as the landlord will likely have insurance and will hire an attorney to defend him.
Answered on Jul 20th, 2011 at 6:35 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Without writing a treatise on premises liability law....yes you have a case and can sue the landlord. One problem area if you knew of the defective condition you have just as much notice as the landlord of the defective condition and that could be used as a defense: If you knew about it why did you step there and allow yourself to be injured? Get an expert in personal injury law to be your attorney ASAP and good luck.
Answered on Jul 20th, 2011 at 1:50 PM
Bad Faith Attorney serving Orlando, FL
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Riley Allen Law
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You can file a claim against the landlord. The issue will be that you were on notice of the defective condition. But, you have a claim most definitely.
Answered on Jul 20th, 2011 at 1:45 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Who was responsible for repairs under your lease? What County did this take place in? I am a former federal and State prosecutor and now handle accident cases so feel free to contact me.
Answered on Jul 20th, 2011 at 12:55 PM
A claim can be filed against the owner's homeowners insurance policy.
Answered on Jul 20th, 2011 at 12:06 PM
You can sue your landlord for your damages, and you should. If your landlord owns a lot of property, it may have a sort of no fault insurance that will pay some of your medical bills.
Answered on Jul 20th, 2011 at 12:02 PM