Do I have a case if I slipped down my steps at my apartment complex and I got injured and busted blood vessels and I'm bruising severely? 12 Answers as of January 30, 2014I showed the apartment manager my pictures and she did not seem to care I have busted blood vessels. She responded by telling me that if I pursue the case, it will take years before I get results. What should I do? I do not want this to happen to someone else like my neighbor who is pregnant. Please help me!
Law Ofices of Edwin K. Niles | Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim "comparative fault", meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on fault.
Answer Applies to: California
James E. Hasser, Jr. P.C. | Jim Hasser
Just because you are hurt on someone's property doesn't necessarily make them liable. You have to show they did something wrong. However, if the complex has a medical payments provision in its premises liability policy, it may pay for your medical bills only regardless of fault. Check with the manager on that. Good luck.
Answer Applies to: Alabama
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Just because you fell down does not mean that you have a case. You have the burden of proving that you fell due to a defect over which the landlord had control and could have prevented, and that you could not see or avoid.
Answer Applies to: Michigan
Paul Whitfield and Associates P.A. | Paul L. Whitfield
You don't get anything for falling. Quit feeling sorry for yourself. If you fall BECAUSE OF THE NEGLIGENCE OF SOMEONE, you can then make a claim if you have a genuine injury. In that case see a personal injury lawyer, but not for hurt feelings and a small matter.
Answer Applies to: North Carolina
Law Offices of George H. Shers | George H. Shers
You do not give any information as to how you slipped. Was there a defect in the stairs, water lying where it should not be, newly waxed so slippery, etc.? You have no case unless the owner of the complex was negligent. If they were, then you have minor damages [blood leaking from a vessel causing swelling and discoloration plus pain]. The injury was fairly minor as injuries go, so at most you might get $1,000. The case has too little value for a lawyer to handle so the best thing wold be to file in Small Claims Court where you would get a hearing date with 6-8 weeks. The landlord can appeal an adverse decision and the case gets retried by a Superior Court judge. SCC commissioners normally do not aware much in pain and suffering damages. You have to consider what effect a sit will have on your relationship with the landlord. You should read one of the books written for lay people who want to file in SCC.
Answer Applies to: California
Andrew T. Velonis, P.C. | Andrew Velonis
You don't state how it was that you slipped. Was this an indoor stairway, or outdoors? Was there something spilled, or was it a natural condition? Were the stairs defective in any way? I could go on, but much more info is needed. And yes, if you pursue the case it will take years.
Answer Applies to: New York
CROSSLEY LAW OFFICES | David Crossley
You have an interesting question and the answer unfortunately is "it depends". You will need to supply more details before, I, or any other attorney, will be able to adequately answer your question. For example, were the stairs indoors or outdoors? Was there a large buildup of snow, ice or water on the steps if they were located outdoors? If indoors, were the stairs carpeted with carpets in deteriorating or damaged condition. Or, did you simply slip on normal indoor stairs because you were being careless (I'm assuming that this isn't the case as I highly doubt you would have posted your question here if it were). In order to properly evaluate your case and your question you will have to contact an experienced personal injury attorney.
Answer Applies to: Massachusetts
Peters Law, PLLC | Mark T. Peters, Sr.
Why did you slip because of a problem with the steps? Or was it just because you slipped. If the former then you might have a case. If the latter, you'll probably not recover anything. Still doesn't hurt to send the manager a letter asking to be compensated to see if the insurance company will pay you something.
Answer Applies to: Idaho