Is landlord responsible for my damages in injury that was caused by slip and fall due to snow and ice and walkway
I dislocated my shoulder on December 1, 2007 due to a slip and fall at my rental property. This was due to the properties neglect to properly shovel the snow pathways. I was on my way to my car and had to go around/over the snow they had piled up.
I am still experiencing pain, discomfort, and limited use due to this accident. I was unable to finish my medical assistance for this problem due to my lack of health insurance.
Can my previous rental property still be held liable for any related medical bills?
Attorney answers (2)
Robert K. Erlanger
Reputation Level 6
Answered about 3 years ago.
Personal Injury Lawyer in New York, NY.
Premises liability questions basically boil down to the issue of, did the landlord (or managing agent if the landlord is not on the premises or subcontractor hired to clear the snow) have notice of the defective condition and enough time to correct it? (In your case snow).
If the condition is created by freshly fallen snow, the responsible party has a reasonable time after the snowfall ended to clear snow. What is a reasonable time? Well, the snow and/or icy condition should have existed long enough for the responsible party to have known about it and had the time to correct it -- certainly a few hours during the day would be enough time. Also, if the responsible party had cleared snow but made the condtion worse, there may also be liability.
Another issue is, to what extent you increased your own risk by taking another route to your car or did the landlord's failure to remove snow force you to take an alternate and hazardous route to your car?
You have three years from the day of the accident to bring a premises liability negligence lawsuit in New York. You should contact the local bar associaton to find a good personal injury attorney in your area.
6 people marked this answer as good
Howard Robert Roitman
Reputation Level 13
Answered over 2 years ago.
Car / Auto Accident Lawyer in Las Vegas, NV.
It depends on a lot of facts that are not in the post. Don't let the statute of limitations run see a Utah lawyer.
1 person marked this answer as good
Other answers (1)
Sean Masters
Answered by a user, almost 2 years ago.
I AM NOT NOR HAVE EVER BEEN AN ATTORNEY AND ANSWER ONLY AS A PREVIOUS LANDLORD IN OHIO. DEPENDING ON STATE AND COUNTY, MANY ANSWERS COULD APPLY. HERE IS MY EXPERIENCE AND KNOWLEDGE FOR MY AREA.
To my knowledge many times there are accident clauses in leases. Be sure to check your lease and see if it mentions this at all first.
I DO know that where I am at the law falls a little loosely and goes a little like this:
If I the Landlord make an attempt to clean an area that is dangerous from Mother Nature or other dangerous conditions and fail to do so in an adequate measure that could lead to damage or injury, I am negligent, especially if I am aware of how bad the job was done. In fact, I was advised by ownership it is better for maintenance to not even TOUCH a sidewalk unless doing it all perfect. If not touched, it is not the landlord's fault as they didn't act negligently in their inaction, merely just didn't clear it, therefore leaving it to YOU the tenant to choose your walk and the danger therein.
I find this somewhat logical but doesn't give much motive to anyone ever clearing snow or other debris, etc., so I'm not sure how much law is behind this information, although I've been told it by lawyers but this doesn't mean it cannot be argued still. Many times people think just because there isn't any case law for their issue, there is no case. Not true. You just might be the first to test the waters. Do so if substantial injury is sustained but do not if you are just looking for a paycheck.
If you can show that management on a regular basis *again checking your lease to be sure they are responsible for clearing and managing such things, etc.,*, they could even be looking at a class action suit for overall negligence and being an 'absentee landlord'.
Please consult a lawyer as I am not one, just had experience as a landlord and not even sure I'm supposed to answer. I only answer to questions I might know a little bit about and you get to hear from someone like yourself and possibly steered in the right direction or given the right questions to ask. This is all I promise to provide. Also, I would like to say, those lawyers who just auto answer everything with "Call a lawyer", you aren't helping anyone.
Cheers and Good Luck!
1 person marked this answer as good
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