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Can I sue my landlord for falling down our stairs in the rental house?

I fell down my set of stairs causing a back injury. I have had xrays and now they are referring my to a back specialist and want me to have an MRI to get a closer look at my spine. The stair that I stepped on has a crack going across it however, a month or so prior to this I had the county code enforcer come to the house and check out the issues that it was having. The landlord came as well on that day and the Code enforcer told her that she was to fix the leaking roof, fix all the busted out windows and fix the RAILINGS on the staircase because they did not meet code as far as the distance from the ground. I feel is if the step hadn't of cracked and I was able to grab the railing, I would have been able to stop myself from falling down them...IS she in anyway responsible for my injury?

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Attorney answers (2)

Reputation Level 20
Assuming she has homeowners insurance, almost any personal injury lawyer would take this on contingency and sue her for negligence. As you posted the facts, I believe most juries would find her liable. Exactly how much a jury would award is uncertain since they have to consider your economic loss as well as your pain and suffering.
On my profile there are several legal guides. I recommend reviewing the following which may be helpful to you:


Hiring a lawyer; Is it Legal? Is it Illegal?...Understanding the different court systems;
Legal terms used in litigation………………………………………………………..

Landlord Tenant Rules and Requirements in General and in New Jersey,
Landlord Tenant Litigation: Eviction, Other Lawsuits in General and in New Jersey

LEGAL DISCLAIMER…………………………………………………………………..
Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue.

Reputation Level 8
There are many intricacies to a case like yours. A lot may depend on the lease. But yes, it sounds like there is at least some negligence on the part of your landlord. You only have 3 years from the date of the injury to begin a lawsuit.

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