QUESTION
What is my legal recourse against the management after a slip and fall incident due to ice outside my apartment?
Asked on Dec 17th, 2013 on Personal Injury - California
More details to this question:
I'm pregnant. I slipped and fell on ice right outside my apartment. I complained to management twice. Do I have a claim against my complex. There is no way to avoid the ice the second I stepped out the door I fell.
6 ANSWERS
Your options are fairly limited because you fell and while I sure it hurts your injuries aren't enough to justify a lawsuit. Ask management to provide you with a bucket of ice melt and before going out throw some onto the ice in order to make the steps safer.
Answered on Dec 24th, 2013 at 9:08 PM
Ronald A. Steinberg
Under Michigan law, they are to keep the common areas reasonably safe. If you can prove that you complained prior to your fall, your case is much stronger.
Answered on Dec 20th, 2013 at 10:39 PM
Alimony Attorney serving Redlands, CA
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Milligan, Beswick, Levine & Knox, LLP
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You do have a claim but it all revolves around what type of damages you and your unborn child have if no medical or little medical expenses and no long term injuries not much of a lawsuit.
Answered on Dec 20th, 2013 at 9:53 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Have you received a personal injury? If not, there really is no basis for a lawsuit.
Answered on Dec 19th, 2013 at 11:11 AM
Do you have any damages? If you suffered no injuries, except as to your emotional feelings, you have no case. If you had physical injuries, no matter how minor, then the issue is whether the management was negligent in not cleaning off the step in a timely fashion, if they had that obligation. It would probably be difficult to prove that obligation or that they did not act in a reasonable time. There probably was ice in the parking and driving areas too.
Answered on Dec 19th, 2013 at 10:18 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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In order to make a claim against a property owner (including stores, parking lots, apartments, etc) the injured party has to show that the owner knew or should have known of the hazard, had an opportunity to correct it, and failed to take action. So, you would have to prove that the owner of the complex knew of the ice, had time to salt or sand it, and did not do so. You do not mention what your injuries were. Unless you had some treatment, there is nothing to pursue.
Answered on Dec 19th, 2013 at 10:18 AM