Was walking out to my car and my left foot slipped out from me on first step of the porch fell down the remaining 3 steps right side upper body first while my right arm got caught in right side of the railings causing the whole arm to be forced upwards while body was forced downwards for which at that time caused proximal humerus to be shattered with displacement and minimal angulation of the mid shaft doctor says going to have to have surgery.... That day it was raining and because of the oil base finishing applied to the porch after the landlords helper finished the build Everytime it rains the steps on the porch gets this slippery oily like spots on the surface of the porch which I feel that this helper and or landlord should of known that this type of oil base finishing could and would be very dangerous for any tendency to the rental property during any type of weather outside.
First, you would have to prove that the paint used on the steps creates an unreasonably dangerous condition in the rain, and that the landlord was or should have been aware of the dangerous condition. Proving that the paint used creates and unreasonably dangerous condition may not be as easy as it sounds. I imagine you will need some type of expert on levels of acceptable, and unacceptable, surface traction and slipperiness at residential access ways like steps. That could be expensive. Second, you would need to overcome the fact that you knew about how slippery the steps were when wet, and despite that knowledge, walked on them in the rain, thereby potentially "assuming the risk" of slipping and falling. In Maryland, one who knows and appreciates a risk of danger, and knowingly encounters that risk by proceeding anyway, "assumes the risk" of their injuries resulting therefrom and is barred from recovering any damages. You may be able to overcome the defense by arguing that you had no choice but to use the steps, since there was no other way to exit or enter your home, or that you did not see or realize that the steps were wet at the time you walked on them, and could not have noticed the water through ordinary observation (e.g., it was dark and not raining at the time you entered/exited). Regardless, it will be a defense raised by the landlord in any case you may bring. However, if the steps were unreasonably dangerous in their condition, and if you did not assume the risk of your injuries, and if the landlord has general liability coverage on the property, you should be able to recover damages under the policy if you prove your case.
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