QUESTION
Can I sue my sister's old landlord for personal injury this late?
Asked on Apr 09th, 2013 on Personal Injury - California
More details to this question:
April 16th, 2010, I had a lawn mower accident at my sister's house where I lived at the time. It took all five of my toes off on my right foot and I have had a lot of pain ever since. I cut the grass only because the landlord said he would but failed to do so after several weeks coming up with different excuses. I fell backwards over a shrub that I could not see due to the height of the grass and the lawn mower came backwards over my foot as I fell. Even after my accident, he never offered to go back out and cut the grass. His only worry was if we were still going to pay rent since I had to be out of work.
17 ANSWERS
More than 2 years have passed, so you can't sue for personal injury. But, you could sue for breach of contract still and get your damages paid to you.
Answered on Apr 24th, 2013 at 2:55 AM
Ronald A. Steinberg
You do not have a case. You voluntarily did something, and in the process of doing it, were negligent. You caused your own injury by not paying attention to the area.
Answered on Apr 11th, 2013 at 2:02 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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Michigan has a three year general statute of limitations on personal injury actions. In other words you case would have to be filed with three years from date of occurrence. There are certain exceptions and tolling provisions so contact an attorney immediately to discuss your course of action.
Answered on Apr 10th, 2013 at 11:00 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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It is likely that you have missed your opportunity to legally pursue your claim. In Louisiana, a person usually only has one year from the date of the incident to file a lawsuit or to settle the claim. Feel free to contact my office if you wish to discuss further.
Answered on Apr 10th, 2013 at 1:04 AM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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Firstly, I am sorry to read that you have lost 5 toes due to an accident while cutting the lawn when it is the landlord's responsibility. Secondly, you have to see what is the statute of limitations in your state. In CA, it is 2 years but can be tolled for some reasons. So, my first question to you is why you did not file suit within 2 years? The statute can be tolled for some reasons such as disability, minority, insanity, etc. That is, were you a minor (minority) at the time of the accident such as age 14. If so, the statute is tolled until you reach adulthood at age 18. So, I will need more information before I can determine whether you meet the tolling requirement(s). Thirdly, even if you filed suit on time, it does not guarantee a winning case. You (the plaintiff) will have to show that the landlord was somehow negligent on a premises liability theory under Rowland v. Christian (1968) 69 Cal. 2d 108 by showing that the landlord violated his duty of due care. Such a case is very fact intensive such as who asked you to cut the grass, did you check the condition of lawnmover before you cut, did you wear steel boots, how high was the shrubs, etc.
Answered on Apr 10th, 2013 at 12:48 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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His negligence did not cause your injury. you caused your injury. there is also a 3 yr statute of limitation and your time will be up in a few days. Makes no difference,. You don't have a valid claim.
Answered on Apr 10th, 2013 at 12:13 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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The statute of limitation is two years so you need to file on or before April 16th.
Answered on Apr 09th, 2013 at 9:41 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan the tort statute of limitations is 3 years. Thus you would have until 4/16/2013 to file suit. If you do not file by then, you will be time barred. In order to be successful in a personal injury lawsuit you must be able to prove that the negligence of the defendant proximately caused your damages. Under the limited facts you report it may be tough to prove either negligence and/or proximate cause. But you can consult an attorney for a thorough review of the facts and any possible factual/legal theories of recovery. It may be hard to find an attorney to drop everything and take a case at the "last minute", but you have the option of filing the case on your own so as to give more time for investigation by the attorney.
Answered on Apr 09th, 2013 at 9:40 PM
James Eugene Hasser
In Alabama, you have 2 years to sue either or both. So, it looks like your time has run. Sorry. However, assuming you still had time, the question would be whether the landlord had a contractual duty to cut the grass. If he did, there could have been some liability there. I'm also wondering about the manufacturer of the lawnmower for a bad design that allowed such a horrible thing to happen.
Answered on Apr 09th, 2013 at 9:29 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In New York, the statute of limitations is three years, so you have until April 16 2013. From what you describe, it is not a great case. It is ostensibly viable, but there are problems as well.
Answered on Apr 09th, 2013 at 9:23 PM
Thomas Edward Gates
You have a three year statute of limitation period that you must file your suit before. At best, this will be a contributed negligence case, both parties at fought. While the landlord may have failed to mow the lawn, you elected to do so on your own and you failed to have the proper footwear in doing so.
Answered on Apr 09th, 2013 at 9:08 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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In Idaho, the statue of limitations is 2 years for personal injury.
Answered on Apr 09th, 2013 at 9:04 PM
Dennis P. Mikko
There is a statute of limitations on a personal injury lawsuit. If it has not already expired, it is most likely 3 years from the date of the incident. If you desire to pursue this, you will need to file suit prior to April 16, 2013. You need to seek the advise of a personal injury attorney at once.
Answered on Apr 09th, 2013 at 1:37 PM
Personal Injury Attorney serving Kansas City, MO
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Nash & Franciskato Law Firm
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You have 5 years from the date of the accident to file suit in Missouri.
Answered on Apr 09th, 2013 at 1:36 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, you have up to three years from the date of the accident to sue.
Answered on Apr 09th, 2013 at 1:36 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Talk to a personal injury lawyer FAST. You have one week from today before the end of the statute-of-limitations period, which is 3 years. When calling the p.i. lawyer for an appointment, explain to him/her that you are days from the end of the limitations period.
Answered on Apr 09th, 2013 at 1:36 PM
Monica Cecilia Castillo-Barraza
In California, the statute of limitations for personal injury is 2 years from the date of injury
Answered on Apr 09th, 2013 at 1:35 PM