How can my mother pursue a case after falling on the third step of a duplex but the lady doesn’t have renters but the owners do?

Question

My mother has been in hospital over a month due to this fall. I have landlord and owner phone numbers. Someone is responsible.

David Stoddard · Answer

Three years from the date of the accident.

Kevin Habberfield · Answer

If there was something wrong with the step, yes.

Melvin Franke · Answer

Your mother needs to  meet with an experienced personal injury attorney.

Jeffrey Lapin · Answer

Depending on additional information not provided in your Question it is not clear who is responsible for your mother's fall. Who is responsible depends on the answers to a number of questions including, but not limited to: whether the stair was inside or outside of the duplex; what was the problem with the stair that caused your mother to fall; did anyone have "notice" that there was a problem with the stair prior to your mother falling.  It is possible that (1) just the renter; (2) just the owner (3) or both the renter and owner may be responsible for your mother's fall. Just because the renter does not have Renter's Insurance does not mean you mother cannot sue the renter. The problem would be trying to collect any judgment against the renter. If the owner is either totally or partially at fault then your mother may be able to make a claim (or file a lawsuit if she cannot get the case settled) against the owner of the property or the owner's insurance company.  Your mother should talk to a personal injury attorney about her slip and fall. Most of these attorneys offer a free consultation so it will not cost your mother anything to learn more about her rights and options.

Edmund Allen · Answer

The owners' insurance should cover this IF they were negligent in maintaining an unreasonably unsafe premise that caused the fall.  This is called "premises liability".

Mark Leonardo · Answer

Find yourself a personal injury attorney in your area that handles slip and fall cases.  You can get a free consultation and an attorney to handle this on contingency.

Mark West · Answer

Was there anything defective about the steps?  Was there anything left negligently on the steps by the landlord with bad lighting?  Was there any carpeting which was in bad shape?  There must be some reason to blame someone for a fall like this; i.e. some negligent conduct on the part of the person you are attempting to blame.  You should be able to call an attorney's office and explain all the facts to see if there is a claim which can be brought.

Andrew Velonis · Answer

First, your mother has to establish that she fell due to some hazardous condition of the stairs that was not corrected by someone who who knew or should have known about the hazard, had the responsibility to correct it, and failed to do so, even though there was time in which to address the hazard.  Is there evidence for all of that?  Were these stairs within the area that was being rented, or was it a common area?  This will get into questions of leases and policy provisions.  Do not get the idea that she can handle this without a lawyer.

Dennis P. Mikko · Answer

Determining who might be responsible for the fall would require a review of all the facts.,  A problem with slip and fall accidents is the defense of open and obvious.  If the alleged defect was open and obvious, neither the landlord or the tenant would be liable,.

Ronald A. Steinberg · Answer

You pursue a case by suing someone.  However, here is the reality check; just because she fell does not mean she is entitled to anything.  If she cannot prove that it is their fault, she will lose.

Paul Whitfield · Answer

Someone is responsible ONLY IF they are negligent and your mother was absolutely not negligent in any way. Get you a lawyer and explain your case to him . he can help you understand the law

Richard Damon · Answer

Just falling is not enough.  There has to be something wrong with the step if you are going to win a lawsuit.

Mindy Bish · Answer

This is a premise liability case. An expert needs to see the stairs and run tests and then a claim is filed against the owner of the property.

Bernard Huff · Answer

Your mother should consult with a lawyer ho handles slip and fall asnd other  accident cases for specific legal advice and assistance.

Howard Mishkind · Answer

The landlord has a duty to maintain the common areas in  a safe condition. The stairs would likely be included in his area of responsibility unless he did not have notice of any defect or if the fall was not due to any unsafe condition. You should contact an attorney in your area to discuss the circumstances of the fall and to determine if there is legal responsibility on the part of the landlord for the injuries that occurred.

Stephen Lombardi · Answer

Okay, but responsible for what and why? Just because a person is injured   while on someone's property doesn't make the owner responsible. Mad doesn't   make a case; a defect in the property does. What caused your mother to   fall?

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Lisa Hurtado McDonnell · Answer

She can file an insurance claim against the owner of the property if the oner has property insurance.  If no insurance then against the owner if the owner was negligent in maintaining the stairs.  You didn't say how you mother fell was but you need to determine if a reasonable (average) person would have been injured given the condition of the stairs.

Timothy Howard · Answer

First, you're going to need to prove there was something wrong with the steps, that they were dangerous in some way. Just falling over a step doesn't mean that the owner or the insurance company would be responsible. That being said, your mothers injuries sound serious. It is certainly worth investigating, so I would recommend contacting a personal injury attorney.

Michael Heilmann · Answer

Your mother should present a claim to the landlord who is responsible for the safety of the premises where the guest is invited.

Thomas Bulman · Answer

You need to take photos of the stairs with a measuring tape in the photos to show scale and the measurements of the depth of each step and the height of the rise for each step.  That is the starting point to make a case.

Christian Paul · Answer

If your mother was injured because of a dangerous condition of real property, then she may seek compensation for her medical bills, medications, lost work, pain and suffering, etc.  The owners and lessees and any sublessees of the property might all be responsible.? If they do not take care of all the damages upon request, then the remedy is to file a lawsuit against them and ask for full recovery that way.? Possibly some or all of them have insurance, but you do not sue the insurance companies; rather, the defendants may tender defense to their carriers, and payment may come from the carriers and / or the defendants.   Your mother should get together all documents and evidence  including photos of the area of the property, medical bills, everything  and pay a visit to a local personal injury attorney or two to find out whether it is a good case and what to do next.? While she may represent herself in the lawsuit, she may not want to or be able to, given that the defendants will have attorneys representing them, trying to show that she is to blame and should get nothing.  Of course, with such little information to go on, this response cannot be considered specific legal advice, merely a statement of general principles.? No attorney-client relationship is intended or created.

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How can my mother pursue a case after falling on the third step of a duplex but the lady doesn’t have renters but the owners do?

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