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I fell on the stairs of my rented townhouse, is my landlord Liable?

Merrimack, NH |

I moved into this townhouse in May of 2010. At this time the railing going upstairs was off the wall.(they had it, but it wasn't attached). I asked the landlord if I could get it put up as I have young children in the home. After a few weeks of waiting, he never did it. So I took it upon myself to get the railing up. Unfortunately there had been damage to the wall before I moved in and the railing would not stay secured. The landlord then told me that he would come and repair the problem. Which never happened. Last week while going down the stairs I fell. Landed straight on my bottom and sustained a compression fracture of my T8 Vertabrae. I believe if the railing was there I wouldn't have fallen. Is my landlord Liable?

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Attorney answers 1


Your landlord is potentially liable, especially because you asked for the repair and he failed to respond for so long. Check your state and local building codes also. If codes require a handrail on that side, your landlord may be liable for negligence per se based on the code violation. You should consult a local personal injury or tenant attorney with these questions.

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