I slip fell on the staircase of my building due to the floor being slippery and dirty. I hurt my Coccyx and hand in the fall. I took pictures of both the dirty floor and my bruised hand.
Do I have a case if i want to sue my building association for failing to maintain the staircase clean?
You may very well have a case against the building association for failing to maintain a safe premises.
Other issues that arise during this type of case is how obvious the problem was to you before you fell. This becomes important as it relates to your responsibility for the fall. Also important is how long the dangerous condition (assuming it was unreasonably slippery) existed prior to the fall and what type of maintenance schedule did the association employ. You certainly should follow up with an attorney if you were injured to make sure your rights are protected.
The quick answer is maybe. I need to know several other facts, such as whether the incident was reported to anyone, whether Fire Rescue came, what medical treatment have you had, and others, before I can tell you whether your case is worth pursuing. Please feel free to contact me.
Best of luck.
You may very well have a case against the Building Association and/or the maintenance company responsible for cleaning the building. You should make sure to see a physician for your injuries as soon as possible. If you wait to see a doctor, the insurance company will try to claim your injuries are either not significant or are not related to your fall. If you do not have health insurance or a way to pay for the medical treatment, a lawyer can help you find a physician who will see you on what is called a Letter of Protection. This means the doctor will agree to be paid out of the proceeds of the settlement. You should contact an experienced Personal Injury Lawyer right away to make sure your rights are protected. Best of luck to you!
Possibly.You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein 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 within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
I'm sorry this happened to you. I think there are several issues to consider in your question. In all claims by people injured as a result of the negligence of others there are three required elements to a claim. These are duty, breach & damages. First, when you ask if you “have a case” I would say seeking legal help for a bruise would not be necessary because the expense of pursuing a legal claim would not be worth it, if that is your only injury. In other words if there are no damages the claim would fail or even if there are minimal damages it could be too costly to pursue. So when you say you “hurt your coccyx” do you mean you broke it or it is sore? I hope you are feeling better and do not require additional medical treatment. If in fact you have an injury that requires treatment then I think contacting a lawyer is a good idea. The property owner and those who maintain the property are required to act reasonably. This is the duty element, who is responsible legally and why? A legal analysis would center on whether they failed to take an action to clean the floor when they knew or should have known they needed to? The beach of their duty. I would definitely notify the building association so they can correct the problem. This also helps protect others because if they have a duty to act and fail to act after being notified of the problem they are acting negligently.
I always like to say this: There is a difference between what you can do and what makes sense to do... Ask yourself this: was the slippery floor obvious? Can you say "man I should have been paying better attention..." If so, morally, blaming the association may not make sense... we all have personal responsibility, and juries routinely think that in these slip cases. Also, if your damages are only minor, i.e. a couple of bruises vs. bone fracture... ask the same question - do you really want to go through the hassle of getting an attorney for a minor injury...
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