Does the apartment complex have to pay me for my knee injury?

Question

I fell down cement steps at a apartment complex.  I landed hard on both knees and hands on cement walk below.  I had to be helped up. I fell on 10/18/11, but one knee is swollen but ok, the right knee is not. Does the apartment complex have to pay for me to see a doctor about the knee I fell on on their cement steps?

Kenneth Wincorn · Answer

The answer depends of the condition of the steps.

Donald Broad · Answer

Slip and falls or trip and falls are always hard cases to win outright, because juries almost always assess some fault to the plaintiff for "not looking where they were walking."  However, before a jury even arrived at that issue, they would still have to find that the apartment complex did something negligent (for example, failed to salt icy steps) or there was something defective with the steps themselves.  You have not stated why you fell, but you could have a case.  You should consult with a personal injury attorney in your area to be certain.

Stephen Lombardi · Answer

Ouch!  Frankly the facts described don't really tell me anything about why  you fell.  Only that you fell and fell "down cement steps". We first have to  know why you  fell or what caused you to slip or trip and fall. Was there  something wrong with  the construction or maintenance of the stops that was  not obvious and  contributed to your falling? Do you know what the rise and  run is of the  staircase? Measure the depth and height of each step to see if  they are uniform  and then check with the city to see what the code  provides for uniformity. Then  look at the step to see if there is loose or missing  concrete that caused your  foot to misstep. Finally look at the surface and  considering the conditions  think about the slipperiness of the surface and  whether sandpaper strips should  have been added to the concrete step. Were  the steps painted and if so was it a  high gloss enamel paint that with a  little moisture makes for a very slick step.  Then check with other tenants  to see if they too have fallen or slipped. These  property cases are not a  cakewalk.

New User · Answer

They do not have to pay unless you can prove the steps were defective or unusually dangerous in some fashion. If you simply fall and get hurt on their property they are not automatically responsible.  However, most property owners have some no fault medical coverage to help with bills.

Kevin Habberfield · Answer

Maybe. If it is a common area in the apartment, they have a duty to make sure the steps are safe. That being said, there must be something defective about the steps to have a claim. If you just fell, they are not liable. You can check with them to see if they have a medical payments policy which would help you with your doctor's bills. If you have health insurance, they will pay and you could use the med pay to cover any deductible. Go see an attorney so they can determine if the steps are dangerous and be able to tell them exactly why you fell.

Bernard Huff · Answer

Negligence has to be shown or proved on the part of the apartment complex before it may assume liability for your fall and resulting injury. What caused you to fall? Did you contribute to your own injury? You may want to consult with an attorney who handles slip and fall cases.

Russell Gray · Answer

Whether the apartment complex is liable would depend on whether there  was something wrong with the property  such as improper lighting, the  steps breaking  or else the complex failed to clear snow or ice.  Talk  with an attorney to see if you have a viable case.

Jared Altman · Answer

The apartment complex is only liable it was negligent. Was the stair broken, uneven, not level, the risers of varying height or the stairway in any way not in compliance with the Building Code? I've had many cases where, to the untrained eye, the stairs seemed fine. But, if you know what to look for, you can often find one or more Code or safety violations, creating liability.

Linda Chalat · Answer

This type of case is very fact-dependent, the successful slip and fall claims have strong documentation as to the facts of the accident and the injuries suffered.  When an accident occurs because of a known condition, such as a leaking water line which management is aware, then there is a better argument to be made concerning landowner liability.  And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident.  It is difficult to determine how strong your claim may be given the little information you provide.  I am unsure about the liability of apartment complex without more information as to the exact conditions causing your fall.  As for your injuries, if your pain in your right knee is the result of bruising without broken bones or ligament/joint damage, then it probably is not in your best interest to pursue a claim - you will spend more on the litigation than you could reasonable hope to gain.  But if you require further medical treatment, then you should speak with an attorney.

Paul Whitfield · Answer

Not unless you prove that you fell because of their neglect. They might have medical payments insurance and if so some of your bills might be paid. Talk to the manager and ask him to report it to their insurance company.

Gary Moore · Answer

You need an opinion by an engineer that something the landlord did not do was a violation of universal safety standards. You do not have a claim without such an expert opinion.

Andrew Velonis · Answer

First, you have to show that the accident was caused by some defect in the property.  A property owner can be held liable for known hazards that could foreseeable result in injury.   All property owners are responsible for keeping their property in reasonably safe condition. If the landlord knew or should have known of a hazard and failed to take steps to correct it, even though he had time to do so, then he can be held legally liable for injuries that could foreseeable result. Of course, evidence for all of those factors will be required   There is another possibility: some property owners have what is called a medical payments provision of a liability insurance policy. The insurance people call this "med-pay". It is not required, but if he has that coverage, they will pay for medical. Find out if there is a medical payments provision of his homeowners insurance policy expenses (usually with a very small limit) regardless of fault.

Mark Leonardo · Answer

Possibly.  It does not sound like there was a hazard that would warrant a full blown lawsuit.  But if they have insurance, they should have a med-pay provision that pays some portion of medical expenses (perhaps $5000 to $10000) of medical bills only regardless of fault.  Make the claims and invoke the med-pay provision and see if they can help you.

Steven Shaw · Answer

Not unless the steps were defective or otherwise unsafe.

Francis Paul Hajek · Answer

You do not provide enough facts for an answer.  Why did you fall?  If you just slipped and fell, the complex is not responsible.  On the other hand, if there was some condition that the complex knew about and failed to remedy and that condition caused you to fall, you may have a case.

David Carlile · Answer

Maybe.  The apartment complex is only responsible if they were somehow negligent and their negligence caused your fall.  In other words, if you fell because there was a maintenance problem with the steps or because the walkway was not properly illuminated then they may be at least partly responsible.  If your fall was simply because you were careless then they are not responsible.

James Kelaher · Answer

Not unless they were negligent, i.e., there was something defective about the steps that caused your fall and they either knew about the defect or should have known of the defect in the exercise of due care.

Steven A. Schwartz · Answer

Some insurance policies are written where there is some medical coverage for injuries on a property.  As far as a claim for pain and suffering, you can't automatically make a claim just because you are on someone's property.  There must be negligence, or wrongdoing, on the part of the owner or manager of the property.  In this instance, you must be able to show that there is a defect with the stairs or hazardous condition that the apartment complex knew or should have known about and did nothing about it.  As for your medicals, check with them to see if they have any medical coverage for you.

Thomas Bulman · Answer

No, unless you can prove an unsafe condition caused you to fall.  Even then, if you have been up and down the stairs before the fall, your claim may be reduced by your proportion of blame.

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Does the apartment complex have to pay me for my knee injury?

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