QUESTION
If I fell down icy stairs and injured my lower back and hip and I am currently out of work can I sue my landlord and can he evict me if I sue him?
Asked on Feb 16th, 2014 on Personal Injury - California
More details to this question:
We have outside lights set to a timer. I was leaving for work one morning and it was pitch black out because landlord changed timer on lights and the stairs were covered in ice I fell down stairs injuring my lower back and left hip. I am out of work due to these injuries. Can I hold my landlord responsible for injuries he has stated he is not responsible for snow removal or salt or sanding, also can he evict me if I sue him?
9 ANSWERS
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 21st, 2014 at 5:59 AM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Your landlord is responsible for snow/ice removal, salt, sanding, and generally, for safe conditions of the premises regardless of what he thinks or says about his responsibilities. Moreover, if your fall was precipitated by the lack of lighting due to the timer settings your landlord changed, he is liable for the resulting injuries. He cannot evict you for holding him liable for your injury. He already got you hurt. Don't let him bully you into silence.
Answered on Feb 20th, 2014 at 10:12 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You have combined several issues: A property owner or business proprietor can be held liable for known hazards that could foreseeably result in injury. In order to make a claim the injured party has to show either that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action or that the property owner created the hazard. Whether or not he is responsible for the snow removal, salt or sanding is a matter of what the lease provides, if there is a written lease. I should think he would be liable on the grounds of changing the timer, though, for in doing so he created a hazardous condition. He can't evict you for suing him, but he can refuse to renew the lease, or give you a 30-day notice if this is a month-to-month tenancy, or find any little excuse he might cook up as grounds for eviction and use that as the reason.
Answered on Feb 20th, 2014 at 10:10 PM
If you are on a month to month tenancy you can be given thirty days written notice of the termination of your lease without any reason having to be given, unless you are under rent control. Slip and fall cases are difficult to win and the landlord's responsibility is not clear. You need to go to a local attorney to find out what the situation is where you leave.
Answered on Feb 20th, 2014 at 5:48 PM
Yes, you can sue and, no, he cannot evict you for taking him to court.
Answered on Feb 20th, 2014 at 5:39 PM
James Eugene Hasser
If you can prove the landlord was negligent and you were not, there could be some liability. Whether or not he can evict you should be spelled out in your lease agreement. Good luck.
Answered on Feb 20th, 2014 at 4:59 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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It all depends on the duty of maintenance and if LL had notice of dangerous condition or not. More details are needed to evaluate the case.
Answered on Feb 18th, 2014 at 5:09 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to talk with a local personal injury attorney. It sounds like you have the basis for a suit, but it may depend on whether the landlord had a duty to salt the stairway. If the ice formed overnight, maybe not. As far as evicting you, I believe as long as you keep paying your rent, you should be okay. However, do not expect the landlord to renew the lease when it expires.
Answered on Feb 18th, 2014 at 5:09 PM
You can sue him and if he evicts you that is an illegal retaliatory eviction. However, you must prove the negligence and the fact the stairs were icy is not enough. You must show he allowed a dangerous condition in an unreasonable manner.
Answered on Feb 18th, 2014 at 5:08 PM