Can I sue my landlord for falling through a step and injuring myself if he knew step was bad and has no insurance on rental pro?
7 attorney answers
Probably. You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements 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 on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. 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.
The landlord is liable (responsible ) for your accident. You should seek the assistance of counsel. The notice regarding eviction smells like retaliation. I would also have assistance of counsel on that issue as well. I would also contact the code enforcement department of your municipality and have them inspect the premises and the the stairs in particular.
You have a case although there could have some comparative negligence against you as you knew the stair was bad. Hire a personal injury lawyer. The landlord may have insurance even though the opposite.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
You can sue your landlord for failing to maintain the premises in a reasonably safe condition. The case is actually stronger if you have proof that the landlord knew about the defect and did nothing to fix it. The issue is whether or not there is insurance to cover your injuries. If there is no insurance coverage then you may have a very difficult time collecting against your landlord in the event you successfully pursue the case. If you get a large award, the landlord could potentially file for bankruptcy.
Yes, you do. All landowners, whether they are private homes, apartments, offices, parking garages, etc are required to keep their property in "reasonably" safe condition. Failing to repair or replace steps after five months is obviously not reasonable. Insurance is another matter, it is normally not required the way no-fault car insurance is, and there are different kinds of insurance. The retaliatory eviction is unacceptable as well.
Obviously, you need a lawyer. The landlord has already demonstrated his lack of responsibility and his insurance company (if he has one) will not take you seriously, even if they should. It would be to your advantage to engage an attorney who has experience in these matters and whose practice includes Oneida County.
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