Basically, the tub is very slippery and I slipped bad enough to be hospitalized. What are my chances?
On what theory? How is landlord negligent? Why did n't you put in pads after first use?
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
You can sue, but I think this would be a very difficult case to establish liability. What were the extent of your injuries? Anything permanent? Overall, your chances of any recovery are small.
Frank W. Chen is licensed to practice law in the State of California only. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
I am licensed in Nevada, but this answer should apply in California as well.
As Mr. Hudson noted, you have a duty to protect your own safety. And, if it was as slippery as you say it is, then you have a duty to either not use, it, complain about it to the landlord, or make it safe yourself.
If you were to proceed against your landlord, you would probably benefit by retaining an expert to examine the tub and determine if it was too slippery according to code or other safety standards. This would be rather expensive to do and may not be worth it depending on the value of the case.
Hopefully, your injuries are limited and your recovery full in short order.
Hope this helps.
/s Donald Kudler
This answer does not create an attorney client relationship and does not constitute legal advice, but is solely the opinion of a Nevada Attorney.
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