QUESTION
Could the landlord be legally responsible for her fractured rib? How?
Asked on Jun 01st, 2015 on Personal Injury - California
More details to this question:
There is no grip on the ramp in front of my mothers rental property. She fractured her rib. Could the landlord be responsible for her injuries?
15 ANSWERS
James Eugene Hasser
It depends on whether not having the grip makes the ramp a dangerous condition which the landlord knew or should have known about and failed install, fix or warn against. Just because she got hurt on the landlord's premises, doesn't necessarily make the landlord liable. You have to prove they did something wrong to cause your mother to get hurt. Consider consulting an experienced injury lawyer familiar with premises liability cases. Good luck.
Answered on Jun 02nd, 2015 at 2:58 PM
Liability depends on a number of factors, including prior accidents and whether there is a building code violation. You should contact an experienced personal injury attorney.
Answered on Jun 02nd, 2015 at 2:58 PM
Ronald A. Steinberg
Not enough information. Under Michigan law, the owner of the property is required to provide "common areas which are reasonably fit for the purpose intended by the parties."
Answered on Jun 02nd, 2015 at 1:41 PM
Personal Injury Attorney serving Salt Lake City, UT
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William Enoch Andrews Injury Lawyer
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The answer is yes, potentially, depending on the facts. Contact an injury lawyer to discuss your mother's potential premises liability (slip and fall) case on the phone to find out if she has a case and, if so, to meet in-office for a free consultation. Good luck. I hope your mother recovers well from her broken rib.
Answered on Jun 02nd, 2015 at 1:40 PM
Thomas Edward Gates
Need more information. Also, the injury is to minor to purse in a lawsuit. You can take him to small claims to recover any medical expenses.
Answered on Jun 02nd, 2015 at 12:35 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Probably not.
Answered on Jun 02nd, 2015 at 12:12 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Possibly. One important question was how much of a role did her own carelessness play in the accident? Another is whether there is a zoning or building code violation in the way the ramp was constructed. These answers are probably not hard to find. Consult an experienced personal injury lawyer. Good Luck.
Answered on Jun 02nd, 2015 at 11:24 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Possibly, but I would consult with a good personal injury lawyer and allow them to investigate the facts more fully.
Answered on Jun 02nd, 2015 at 8:05 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Possibly. Investigation would have to be made as to exactly what happened and whether the landlord knew or should have known of the hazard and had the opportunity to correct it before the injury occurred.
Answered on Jun 02nd, 2015 at 8:04 AM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You need to be specific about the injuries and what you mean by:no grip: If the condition is a dangerous condition. You may be able to pursue a personal injury claim. Good Luck.
Answered on Jun 02nd, 2015 at 3:11 AM
Lisa Hurtado McDonnell
Maybe, why did your mother fall? Does she has any medical issues or property steps in disrepair?
Answered on Jun 01st, 2015 at 11:27 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Perhaps, but quite unlikely. See an attorney with the details.
Answered on Jun 01st, 2015 at 10:38 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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In Michigan the landlord must provide a habitable premises pursuant to statute. If your mother can show there was some defect that the landlord either created and/or had knowledge of and had sufficient time to repair same, then there could be liability. However cases cost money to pursue and if damages are not sufficient, it may not make economic sense to file a lawsuit. Some cases can be informally presented and possible settled without starting litigation. This usually depends on the facts of the incident, whether there was negligence on the landlords part, and whether the parties/insurers are interested in settling vs. suing. Also there may be some "medical pay" coverage that can contribute toward any uninsured medical bills without regard to who was/wasn't at fault. As I always indicate, it is best to consult local counsel that regularly handles these type of cases for an analysis of the facts, liability, law, damages and what can/can't be done.
Answered on Jun 01st, 2015 at 8:19 PM
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 the question of fault.
Answered on Jun 01st, 2015 at 8:16 PM
If the lack of a handrail is what caused the injury, the landlord might be legally responsible, although your mother might also have some responsibility. Have her speak to several local personal injury attorneys as to what happened to see what they think after hearing all the facts.
Answered on Jun 01st, 2015 at 7:45 PM