QUESTION
Do I have a claim if I slipped and fell down stairs at my apartment complex?
Asked on Feb 05th, 2014 on Personal Injury - California
More details to this question:
Today at my apartment complex l slipped in standing soapy water on the outside stairs and fell down the steps. Now I am in a lot of pain. The apartment complex was just bought out and they decided to pressure wash. They left a note on my door yesterday that said they would be pressure washing my side of the building today tomorrow and the next day, and to bring in anything I didn't want ruined. I was leaving to get my kids from the bus stop. Would this fall under negligence on their behalf? Thank you.
10 ANSWERS
Automobile Accidents Attorney serving Chatsworth, CA
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Family Law Support, ALC
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You may have a good case there. The complex may have warned you but u still may be entitled to collect. The complex could have Med-pay provision in their policy which pays injured parties not always based on who is at fault. Consult an attorney.
Answered on Feb 07th, 2014 at 10:33 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 fault.
Answered on Feb 07th, 2014 at 10:33 PM
Car Accidents Attorney serving Garden City, ID
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Smith Horras, PA
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You very well may have a claim for negligence. "Slip and fall" cases are somewhat difficult because they require the potentially liable party to be aware of the danger and not make reasonable efforts to correct the problem. However, in your case, where the apartment complex was responsible for bringing out the pressure washing crew, the apartment complex may have some liability. I would highly recommend for you to seek out an attorney to evaluate the details of your claim further.
Answered on Feb 07th, 2014 at 10:32 PM
James Eugene Hasser
You very well may have a claim, but I am wondering what your injuries are and whether they are severe enough to warrant the cost of pursuing a claim. You might want to consult an experienced personal injury lawyer familiar with premises liability cases.
Answered on Feb 07th, 2014 at 10:32 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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All slip and fall cases are problems, for you have to prove the other side was negligent (they put you on notice and you knew the problem) and then you have to prove you were not careless in any way. And you will also have to prove that the condition was not open and obvious. If it were open and obvious and you walked into it, you lose. Very difficult to prove these cases.
Answered on Feb 07th, 2014 at 10:31 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It may, but you don't have any medical bills (yet) so there really isn't anything to sue for. If you do incur medical bills, you can ask the landlord to pay those and your pain and suffering.
Answered on Feb 07th, 2014 at 10:31 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I think you do have a claim, though "a lot of pain" does not say anything about what your injuries are. You may be okay in a few days. You may have permanent injuries. So get to a dr if you are hurting so badly that you can't shake it off. Then get to a lawyer, so that the basis of your claim can be documented in case it turns out that your injuries are serious.
Answered on Feb 07th, 2014 at 10:30 PM
Ronald A. Steinberg
No, they gave a warning.
Answered on Feb 07th, 2014 at 10:30 PM
Thomas Edward Gates
You have no damages to base a claim on. You also had notice, so as a minimum, you are partially at fault.
Answered on Feb 07th, 2014 at 9:44 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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Yes, you may have a claim depending on the facts. It depends on if you had notice of the event and if you were careful after the notice.
Answered on Feb 07th, 2014 at 9:42 PM