Can I sue my apartment complex for falling through a broken concrete step from the second floor? 18 Answers as of March 03, 2014

I was coming home from the gym this morning and I had my gym bag and my lunch box from work (I work nights) as I was walking up my stairs one of the steps just up and gave way disintegrating into pieces. I fell through to the ground below probably almost died. I don’t have any Injuries just some scratches and a few bruises. I called the complex and was obviously pretty heated. I told them I wanted the step fixed that day and the woman just hung up on me. I called back and she rudely informed me she was putting in a ticket. Never asked if I was injured or not. Point is I hate this place the maintenance is terrible and I bet every staircase in this place has an accident waiting to happen. By the way, I did take pictures.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Probably. Under Michigan law, they must give you reasonably safe common areas, which included stairs, etc. You have to prove that they knew or reasonably should have known that there was a problem with the stairs in enough time to fix them before you got hurt.
Answer Applies to: Michigan
Replied: 3/3/2014
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You said you were not hurt. that ends the matter. Take your anger to some other board and bed place.
Answer Applies to: North Carolina
Replied: 2/18/2014
Candiano Law Office
Candiano Law Office | Charles J. Candiano
They are liable but you will have no recovery if you were not injured.
Answer Applies to: Illinois
Replied: 2/18/2014
Law Offices of George H. Shers | George H. Shers
Yes, you have a good case as to liability, but your damages are minor so the case is worth very little. Most attorneys would not handle it as its value is almost entirely just emotional distress.
Answer Applies to: California
Replied: 2/13/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Sure you can sue but you can only recover your damages. "I don't have any Injuries" means you are entitled to zero.
Answer Applies to: New York
Replied: 2/13/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Without substantial injuries, you really don't have a case for damages. However, you may consider reporting the complex to your city's building department and see if maybe they will put pressure on the owner to make repairs.
    Answer Applies to: Idaho
    Replied: 2/13/2014
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    Your claim would be based on negligence, the failure to use REASONABLE care. Did the management have prior knowledge of the condition of the step? Did they have an opportunity to repair?
    Answer Applies to: California
    Replied: 2/14/2014
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes you can recover. Talk to an attorney.
    Answer Applies to: Alabama
    Replied: 2/14/2014
    Law Offices of Carl L. Brown | Carl L. Brown
    You may have legal remedies against your landlord for the condition of the rented premises and any personal injuries you sustained.
    Answer Applies to: California
    Replied: 2/13/2014
    Gates' Law, PLLC | Thomas E. Gates
    If the landlord did not have prior knowledge of the defect, he probably is not liable. Since you injuries are minor, you do not have a claim to pursue.
    Answer Applies to: Washington
    Replied: 2/13/2014
    Law Offices of John W. Merting, P.A.
    Law Offices of John W. Merting, P.A. | John W. Merting
    You can not recover for what could have happened to you, only for the damages you actually sustained.
    Answer Applies to: Florida
    Replied: 2/14/2014
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    You'll need to be able to prove they knew or should have known about it and the condition was not open and obvious. However, since your injuries are fortunately just slight, there will be a real question as to the value of the claim. Because of that, you probably won't be able to get a lawyer to take the case on a contingency basis and will have to pay one by the hour.
    Answer Applies to: Alabama
    Replied: 2/13/2014
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    You can sue them if you were injured and the condition was one they should have know about and fixed before the fall.
    Answer Applies to: Connecticut
    Replied: 2/13/2014
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You almost died but you had no injuries? How did you almost die from injuries you did not have? Maybe you were almost injured, which would mean that you almost died from injuries you almost had, but might have, but didn't.
    Answer Applies to: New York
    Replied: 2/13/2014
    Hobbs Law Group
    Hobbs Law Group | Kristin E. Hobbs
    Talk to a local personal injury attorney. It sounds like you may have a case. Most of us offer free consultations and take cases on a contingency basis so there is no need to wait.
    Answer Applies to: California
    Replied: 2/14/2014
    Wayne J. Wimer, Inc. P.S.
    Wayne J. Wimer, Inc. P.S. | Wayne J. Wimer
    If you were injured you could certainly sue the complex owner for your damages. Concerning personal injuries, don't be so certain that you weren't injured. Often times, your injuries become apparent days after the event, and in some cases even longer after the event. If you develop aches and pains and symptoms, make an appointment with your doctor to document the cause and effect of the medical problems.
    Answer Applies to: Washington
    Replied: 2/13/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    It is possible they are negligent in maintaining the property, but you have no damages as you admit.
    Answer Applies to: California
    Replied: 2/13/2014
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney