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Personal Injury

Asked over 3 years ago - Virginia Beach, VA

I live in Virginia Beach, Virginia where I rent an apartment. Tuesday morning while walking toward my car, as I was stepping down from the curb to approach my car. I fell to the ground. I sustained an injury to my left knee and sprung my right ankle/foot. I notified my apartment complex of the incident and was told that they would file a liability claim and repair the area, but they don't have personal liaibility insurance. If I file a suite, would I have to move?

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Attorney answers (3)

John M. Kaman

Reputation Level 20

Answered over 3 years ago. Criminal Defense Attorney in San Francisco, CA.

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No you would not have to move. You cannot be evicted for standing on your legal rights. The landlord may be less friendly but he can't do anything in retaliation.

www.kamanlaw.com

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Alec Scott Rose

Reputation Level 15

Answered over 3 years ago. Violent Crime Lawyer in Santa Monica, CA.

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You cannot be required to move because you filed a lawsuit or claim against your apartment complex. Speak to an attorney who is experienced with tenants rights law in your area. You made no mention of any unusual condition on the curb. Premises liability for injury usually depends on there being a dangerous condition that a pedestrian would not have noticed using ordinary care. Only an experienced personal injury attorney can evaluate if you have a meritorious claim for liability.

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John Mark Cooper

Reputation Level 10

Answered about 2 years ago. Personal Injury Lawyer in Norfolk, VA.

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No, you would not have to move. The owner might not renew your lease though.
The landlord is responsible for common areas, but you'd have to show they were at fault and you were free from fault to have a valid case.
I find it very unlikely that the owner has no liability insurance.
Feel free to call us if you want to get more information.

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