QUESTION
What could I do if the landlord fixed the problem after my injury?
Asked on May 20th, 2015 on Personal Injury - New York
More details to this question:
I severely injured my foot on an outdoor edging at my apartment that I had asked the landlord to fix. I hit the edging so bad that it caused a laceration and a swollen ankle and I had to go to urgent care. To make matters worse, I have not been able to drive my car for some time because this injury is to my right foot. I went back to take pictures of the edging, but my landlord had taken it down. What am I supposed to do now?
10 ANSWERS
Edwin K. Niles
Get a free conference with an injury lawyer.
Answered on May 21st, 2015 at 6:38 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Get ready to testify about what it looked like before it was changed.
Answered on May 20th, 2015 at 6:12 PM
James Eugene Hasser
All is not lost. The fact they fixed the problem proves your point that they were liable. Consider consulting an experienced premises liability injury lawyer.
Answered on May 20th, 2015 at 4:37 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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For understandable reasons, 'subsequent remedial measures' by the landlord may not be used as evidence. It's a pity, of course, that you did not have someone photograph the dangerous area soon after the incident. But even so, what you have is a problem of proof. Meaning you will need witnesses who can testify to the condition of the area in the period leading up to the accident. So check with your (former) neighbours, or visitors to your own lodgings. The municipality may have records about the condition of the place, especially if someone complained to the Building or Zoning people. A good personal injury lawyer can provide invaluable help. Good Luck.
Answered on May 20th, 2015 at 3:23 PM
1 Award
You do not necessarily need a photograph as proof of what happened. I think you should try to find a personal injury lawyer to help you with your potential case.
Answered on May 20th, 2015 at 2:46 PM
Thomas Edward Gates
You can sue for your injuries. It does not count when the hazard is fixed after the fact. While you may have asked the landlord to fix the problem, if it was not in writing, your request may not have been actionable.
Answered on May 20th, 2015 at 2:38 PM
Ronald A. Steinberg
I hope that you got pictures of the condition before they fixed it. Subsequent repairs are not admissible in court to prove fault. Under Michigan law, a landlord is obligated to give a tenant "common areas which are fit for the purpose intended by the parties." That means, that you are entitled to an exterior which is reasonably safe.
Answered on May 20th, 2015 at 2:05 PM
If less than two years has passed since your accident, you should contact a personal injury attorney for a free consultation. You may be entitled to compensation for medical bills, lost wages, future medical bills, and pain and suffering.
Answered on May 20th, 2015 at 2:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You should most probably confer with an attorney, but in Michigan this form of action is relatively difficult if the problem was open and obvious, which it appears from your description it was. The fact that the landlord has corrected the problem after the incident is not admissible.
Answered on May 20th, 2015 at 1:43 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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As a matter of policy, we want property owners to fix up their property. Did you report the accident when it happened? Are their any witnesses? In the condition it is in now, can you see that something was recently done? While he can't be called upon to testify as to the repairs, he can testify as to what he saw after the incident was reported to him.
Answered on May 20th, 2015 at 1:43 PM