QUESTION
If I fell stepping down the front step at a friend's apartment complex, fractured my foot in 3 places, do I have the right to sue the property owner?
Asked on Jan 26th, 2014 on Personal Injury - New York
10 ANSWERS
Ronald A. Steinberg
Sure, you have the right. Now, whether or not you are going to win is another story. If you had no problem entering but then got hurt exiting, it sounds like you were not paying attention to the condition of the property.
Answered on Feb 12th, 2014 at 2:03 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 Jan 30th, 2014 at 5:41 AM
A viable claim depends on many factors not answered in your question, e.g., when the accident occurred and whether the owner was negligent Premises liability law is fairly complex. I would urge that you contact an experienced personal injury attorney.
Answered on Jan 30th, 2014 at 5:40 AM
James Eugene Hasser
You have the right to sue, but that's not the right question to be asking. The right question is whether the property owner is at fault. Liability is not automatic just because you got hurt on the property. You have to prove fault and be free of fault yourself. Presuming you can't prove that, all might not be lost. If the property owner has a premises liability policy with a medical payments provision, it may pay your medical bills only. Check with the owner or manager on the coverage.
Answered on Jan 29th, 2014 at 8:13 PM
Personal Injury Attorney serving Charlotte, NC
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For what? Don't you have to show negligence on the part of someone when you sue them?
Answered on Jan 29th, 2014 at 8:10 PM
Thomas Edward Gates
It depends upon why you fell. If it was not due to the negligence of the property owner, who breached a duty to you, you have no case.
Answered on Jan 29th, 2014 at 8:07 PM
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Peters Law, PLLC
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You can sue, but whether you win is the real question. Were the steps defective? Did they fail to comply with code? Was there ice on the steps for 2 days? If so, you might have a case. If you just weren't paying attention, then probably not.
Answered on Jan 29th, 2014 at 8:04 PM
You have the right but the question is whether there was any negligence on the part of the property owner. ?If the step was constructed as to the code requirements of the city, then you would have no case unless there was some defect in it. Just because someone owns the property does not mean they are liable for any injuries that happen on the property.
Answered on Jan 29th, 2014 at 8:01 PM
That all depends on why you fell. What caused you to fall? Answer that question and I can answer yours.
Answered on Jan 29th, 2014 at 7:58 PM
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Andrew T. Velonis, P.C.
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Only if you fell because the steps were defective, the owner knew they were defective, and he had time to fix them before you fell.
Answered on Jan 29th, 2014 at 7:56 PM