Can I sue my landlord for a personal injury? 41 Answers as of July 10, 2013

I informed landlord 2 months in advance that steps were in need of repair, and I took pictures and got an estimate. Before the steps were repaired , one of the brick came lose and I fell 4 feet and broke my elbow. I do not have disability insurance, and no income, what can I do?

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Lyle B. Masnikoff and Associates
Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
Yes. You need to hire a personal injury attorney.
Answer Applies to: Florida
Replied: 7/24/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
You get an attorney and sue! If your landlord was on notice of the step, and is now aware that you are hurt, but can't be bothered to pay for your medical treatment and your pain and suffering, then he has really left you no choice. I am happy to help in any way I can. My firm does a lot of premises liability cases.
Answer Applies to: Missouri
Replied: 7/22/2011
Timothy Jones, Attorney at Law
Timothy Jones, Attorney at Law | Timothy Jones
Yes. The fact your landlord was given notice of a dangerous condition and failed to act in a timely manner is strong evidence of negligence. Negligence is a basis for your claim against the landlord.
Answer Applies to: Oregon
Replied: 7/22/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
If facts are correct, you have a suit against the landlord. You should contact an attorney who does injury law.
Answer Applies to: Virginia
Replied: 7/21/2011
Ewusiak & Roberts, P.A.
Ewusiak & Roberts, P.A. | Christopher J. Roberts
It sounds like you may have a case, but it all comes down to whether the landlord acted reasonably and whether he waited too long to fix the condition or warn of it, after he became aware of the problem. From what you are saying, this must have been a long-standing problem so it was probably unreasonable to wait until the situation got that bad. You should discuss your case with a personal injury attorney in your area who can guide you through the process of seeking compensation for your injuries and expenses.
Answer Applies to: Florida
Replied: 2/20/2012
    David Hoines Law
    David Hoines Law | David Hoines
    yes, you have a claim against the landlordcall me if you wish to discusshave a very similar case now
    Answer Applies to: Florida
    Replied: 7/21/2011
    Riley Law Firm
    Riley Law Firm | Timothy Dennis Riley
    You can sue the landlord for your damages. You have 2 years from the occurrence in question to file a suit on a timely basis. You should retain competent Texas legal counsel to assist you in prosecuting your claim.
    Answer Applies to: Texas
    Replied: 7/21/2011
    Law Office of William Justice Whitaker
    Law Office of William Justice Whitaker | William J. Whitaker
    You can file a lawsuit against the owner of the building, property manager and maintenance company that services the building as they all can be held liable for negligence. You should hire an attorney to represent you in this matter as personal injury attorneys take cases on "contingency fee" basis, which means their are no upfront costs to you and the attorney gets paid only if he settles/wins your case. If you do not have insurance to pay for your surgery/treatment you can attempt to find a health-care professional who will treat you and put a "lien" against settlement you may receive for your injury. At the very least you can get estimates for cost of surgery/treatment to use when trying to negotiate a settlement for your lawsuit.
    Answer Applies to: Virginia
    Replied: 7/20/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Yes you can sue your landlord. I would recommend that you hire a reputable personal injury attorney to file a claim against the responsible party(s), whether that is the landlord, the owner of the building, or the management company (or all). If you choose not to hire an attorney, you should send a letter to your landlord describing the circumstances and demanding settlement. You should also determine if the landlord or owner carries any no fault insurance that will cover your medical expenses prior to settlement. If they don't, you will be responsible for your own treatment and will likely only be reimbursed if and when you win or settle your case.
    Answer Applies to: Oregon
    Replied: 7/21/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    All property owners have a legal duty to keep their property free of known hazardous defects. If a landowner fails to make repairs within a reasonable time after knowing of the defect, he is legally liable for any forseeable damages that result. Damages would include medical bills, loss of income if any and pain and suffering. Although the scenario you describe includes the necessary criteria, he might also have defenses; for example, if there was another way in and out of the apartment, he could claim that you assumed the risk of injury by using the stairs that you knew to be defective.
    Answer Applies to: New York
    Replied: 7/21/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes, you can sue.
    Answer Applies to: South Carolina
    Replied: 7/21/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Yes you can. The description of what happened is not complete enough for me to understand and balance all the issues involved such as the comparative responsibility component.
    Answer Applies to: Idaho
    Replied: 7/20/2011
    Law Offices of Daniel R. Wingler, P.C.
    Law Offices of Daniel R. Wingler, P.C. | Daniel R. Wingler
    Yes, you can sue your neighbor for economic as well as noneconomic damages. These may include, but are not limited to: medical bills, out-of-pocket expenses, lost wages, pain and suffering, etc. 2 months is far too long for the landlord not to have taken action to repair the stairs. Additionally, most homeowners insurance policies cover this sort of thing to some extent.
    Answer Applies to: Colorado
    Replied: 7/20/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    You should contact an attorney about filing a claim on your behalf. The pictures and evidence you have showing the landlord had actual notice of the condition of the property should go a long way towards establishing your claim.
    Answer Applies to: Texas
    Replied: 7/20/2011
    Aronberg & Aronberg, Personal Injury Law Firm
    Aronberg & Aronberg, Personal Injury Law Firm | David T. Aronberg
    Yes you may sue your landlord under these facts for your injury. Did you by any chance tell your landlord IN WRITING about the problem with the steps prior to your fall? The landlord may have an insurance policy that provides for "medical payment" coverage for you. Have you asked him/her for the insurance information? Have you been in touch with the insurance company?
    Answer Applies to: Florida
    Replied: 7/20/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    From the information you've proviided, you have a valid claim. Depending on all of the circumstances relating to your injury, you could recover substantial money damages. You should consult with an attorney.
    Answer Applies to: Oregon
    Replied: 7/20/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    If this was an open and obvious condition it may be difficult. However, if this was the only way in and out of the property you could have a claim. Make an appointment with an experienced lawyer in the area of premises liability.
    Answer Applies to: Alabama
    Replied: 7/20/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    A lot of Virginia personal injury questions involve slip and fall issues. You can make a claim against your landlord. The landlord was on notice of he condition and did not repair it. However, there is a defense under Virginia injury law. Contributory negligence will be raised by the property owner. What this means is that the landlord will claim that you were aware of the condition and so should have paid attention. You will need to provide more facts to enable me to look at the issue. It is probably a good idea to meet with an experience personal injury attorney to go over the fact of your slip and fall injury to see if contributory negligence will bar your claim.
    Answer Applies to: Virginia
    Replied: 7/20/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    The problem of repair is that of the landlord. However, you were aware of the problem and that might expose you to some liability if the condition was open and obvious. That would be the landlord defense. Was the condition open and obvious? If it was you should have avoided it.
    Answer Applies to: North Carolina
    Replied: 7/20/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    You should discuss with an attorney that handles this type of claim since you may be able to recover your losses.
    Answer Applies to: Delaware
    Replied: 7/20/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, you certainly can sue the landlord. I have many cases against landlords right now. They owe you the highest duty to make the place safe.
    Answer Applies to: Michigan
    Replied: 7/20/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Yes you certainly can sue your landlord. If he had kept your steps in good repair you would not have suffered your broken elbow, from what you tell me. He knew there was a problem and had plenty of time to repair it.
    Answer Applies to: Massachusetts
    Replied: 7/20/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    It won't hurt to try.....contact a good personal injury lawyer and have a consultation with him or her....it's usually free. Since you were aware of the defective steps, they would undoubtedly argue that there is a high degree of comparative negligence, but if that's your only means of ingress and egress to your apartment, then you have a good argument against comparative negligence.
    Answer Applies to: Florida
    Replied: 7/20/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You can sue the landlord for premises liability. You should retain an attorney to assist you as the landlord will likely have insurance and will hire an attorney to defend him.
    Answer Applies to: California
    Replied: 7/20/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You can file suit against your landlord.
    Answer Applies to: Alabama
    Replied: 7/20/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Without writing a treatise on premises liability law....yes you have a case and can sue the landlord. One problem area if you knew of the defective condition you have just as much notice as the landlord of the defective condition and that could be used as a defense: If you knew about it why did you step there and allow yourself to be injured? Get an expert in personal injury law to be your attorney ASAP and good luck.
    Answer Applies to: Georgia
    Replied: 7/20/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    You can file a claim against the landlord. The issue will be that you were on notice of the defective condition. But, you have a claim most definitely.
    Answer Applies to: Florida
    Replied: 7/20/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    you have a cause of action
    Answer Applies to: Connecticut
    Replied: 7/20/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    You may have a case, based upon the information that you have supplied.
    Answer Applies to: Illinois
    Replied: 7/10/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    It appears that you may definitely have a case against our landlord. One of the prime aspects of a negligence case is notice. Did the owner of the property, know of the defect before the accident took place and failed to correct it. You should contact a lawyer to discuss the facts of this case.
    Answer Applies to: New York
    Replied: 7/20/2011
    The Law Offices of Steven Grace
    The Law Offices of Steven Grace | Steven Grace
    You should be able to recover for your damages (i.e. pain and suffering, lost wages, etc).
    Answer Applies to: Illinois
    Replied: 7/20/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    There is a potential case here. I would suggest you contact your landlord to file a claim against his insurance. If he or the company deny coverage, you should contact an attorney for a consultation. Remember in Pennsylvania, there is a 2 year statute of limitations.
    Answer Applies to: Pennsylvania
    Replied: 7/20/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Who was responsible for repairs under your lease? What County did this take place in? I am a former federal and State prosecutor and now handle accident cases so feel free to contact me.
    Answer Applies to: New York
    Replied: 7/20/2011
    Law Office of Christopher F. Earley
    Law Office of Christopher F. Earley | Christopher Earley
    A claim can be filed against the owner's homeowners insurance policy.
    Answer Applies to: Massachusetts
    Replied: 7/20/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    You can sue your landlord for your damages, and you should. If your landlord owns a lot of property, it may have a sort of no fault insurance that will pay some of your medical bills.
    Answer Applies to: Oregon
    Replied: 7/20/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    You can sue your landlord for premises liability because he has notice. You are a very smart person for documenting everything. Feel free to contact me regarding any questions you may have!
    Answer Applies to: California
    Replied: 7/20/2011
    Harris Personal Injury Lawyer
    Harris Personal Injury Lawyer | Philip C. Alexander
    An attorney would need more facts to make a determination regarding your case. Most personal injury law firms will offer you a free consultation, and during this time, more information would be gathered regarding the facts that caused your fall and injury.
    Answer Applies to: California
    Replied: 7/20/2011
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