QUESTION
Can I sue my landlord for medical bills and loss wages?
Asked on Apr 14th, 2013 on Personal Injury - Virginia
More details to this question:
I was walking my dog in my back yard in which has a gravel driveway that runs through it. I was making my way to the grassy area just as soon I made it their my left foot went into deep hole as a result my Ankles ligaments were torn and haven't been able to put full weight on it and haven't been able to walk long distances. Comes to find out the hole is an 18"×18" cinder block laying on its side buried into the ground. I didn't think it was that bad that night until the next morning when I looked at it and tried to get off the couch unbelievable pain. I CANT AFFORD THE MEDICAL BILLS NOR HAVE BEEN ABLE TO WORK.
10 ANSWERS
Ronald A. Steinberg
Probably not. You were not walking on a walkway. No one can be responsible for the natural condition of the ground, because animals dig, etc. and who can prevent that from happening.
Answered on Apr 17th, 2013 at 4:17 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you have evidence that the landlord know about the hole.
Answered on Apr 17th, 2013 at 1:19 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Why would you walk into an 18 inch hole on your own property? If your landlord were negligent in failing to maintain the property you might also be negligent for failing to see what was open and obvious or what you knew or should have known was there.
Answered on Apr 16th, 2013 at 9:49 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, you can and you should. Get a lawyer, this is not a DIY job.
Answered on Apr 16th, 2013 at 9:41 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, I believe you can; contact a good personal injury attorney in your city or town.
Answered on Apr 16th, 2013 at 9:40 PM
Edwin K. Niles
To have a trip and fall case, you must be in a position to prove that the other party had prior knowledge of the defect, or that he caused it himself. If you can establish one of those elements, you may have a good claim. If so, you should see an attorney ASAP. as he or she might be able to refer you to a doctor who will wait for a settlement to get paid.
Answered on Apr 16th, 2013 at 9:37 PM
James Eugene Hasser
In Alabama, you have to prove that it was a non-obvious hidden hole that the landlord knew or should have known about and failed to eliminate, guard against or adequately warn you of. If you can't do that, there would be no liability. All is not lost, though. If he or she has a premises liability policy that has a med pay provision in it, it should cover only your medical bills up to the limits of the policy. Good luck.
Answered on Apr 16th, 2013 at 9:32 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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Sounds like you may have a claim for a dangerous condition on the premises. You need to talk with a personal injury attorney in your area as soon as possible.
Answered on Apr 16th, 2013 at 2:04 AM
Answer: If you were aware of the hole probably would be a tough liability case, but if you weren't then there are a few things you can do to preserve the claim. Take a photograph and using a tape measure photograph the holes depth and width. Then take the daily newspaper front page, lay it on the ground next to the hole and take a photo. Then go find a lawyer.
Answered on Apr 16th, 2013 at 1:15 AM
Criminal Defense Attorney serving Alexandria, VA
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Michael J. Sgarlat
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You'll have to prove the landowner had ample Notice of the dangerous condition and that he gave you no warning of the same before the occurrence.
Answered on Apr 16th, 2013 at 12:02 AM