QUESTION
What can I do if my landlord doesn't want to pay for my medical bills from my injuries?
Asked on Feb 05th, 2014 on Personal Injury - Missouri
More details to this question:
I fell down the stairs from my 2nd floor apartment. The light from the stairs doesn't work and the stairs are slippery. I went to the ER in an ambulance. I had x-rays taken but no broken bones but the doctor said I have concussions, on my 2 shoulders, left hand, and left leg.
11 ANSWERS
Business Litigation Attorney serving Los Angeles, CA
at
Gerard A. Fierro & Associates
Update Your Profile
You can file a civil action against your landlord for negligence. You can also choose to file a small claims case against the landlord. You should get photos and evidence of the light that was not functioning.
Answered on Feb 11th, 2014 at 4:24 PM
Slip and fall cases can be difficult to prove negligence of the property owner. You have to show that there was something unusual about the stairs that you did not notice and that the landlord should have been aware of. Different states have different rules as to recovery. Find out from the landlord if he has insurance which covers your situation even if there was no negligence. Remember, that unfortunately filing a suit might result in the landlord giving you notice that he will not renew your lease. Unless you are in a rent control city, the landlord does not have to have any reason for not renewing.
Answered on Feb 11th, 2014 at 4:22 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 11th, 2014 at 4:07 PM
Thomas Edward Gates
Take him to small claims. The court clerk has the form for you to do so.
Answered on Feb 11th, 2014 at 3:43 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
It depends on the state you are in. If your bills are less than the amount allowed for a small claims action, sue the landlord in small claims. If more, hire an attorney and sue for the meds and pain and suffering.
Answered on Feb 11th, 2014 at 3:43 PM
James Eugene Hasser
It sounds like you need to consult a personal injury lawyer familiar with premises liability cases. Good luck.
Answered on Feb 11th, 2014 at 3:41 PM
Personal Injury Attorney serving Charlotte, NC
at
Paul Whitfield and Associates P.A.
Update Your Profile
One question is whether you have real injuries or mainly hurt feelings. Second question is liability. Whose duty is it to make sure the light bulb works. Are you saying you were going down the steps in the dark? Steps are slippery? Why? Are the steps properly constructed, properly maintained? If you have real injuries see a good PI lawyer and let him review the whole fact situation
Answered on Feb 11th, 2014 at 12:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
See a lawyer. Sue the landlord.
Answered on Feb 11th, 2014 at 12:08 PM
Ronald A. Steinberg
Get a lawyer. It could be a case.
Answered on Feb 10th, 2014 at 11:54 AM
We have a case similar to yours in which the landlord's insurance will be obligated to pay medical bills, etc. The only way you will know if your case qualifies for legal representation is for you to take advantage of the free initial consultation most experienced personal injury lawyers offer.
Answered on Feb 10th, 2014 at 11:48 AM
Creditor's Rights Attorney serving Clayton, MO
at
Fluhr & Moore, LLC
Update Your Profile
You will need to document the condition of the stairs by taking good photographs. You should then seek the aid of an attorney.
Answered on Feb 10th, 2014 at 11:47 AM