Does the apartment complex have to pay me for my knee injury? 28 Answers as of February 17, 2012

No, depends on the cause of your fall and whether they have med-pay coverage on their policy.

Ouch! Frankly the facts described don't really tell me anything about why you fell. Only that you fell and fell "down cement steps". We first have to know why you fell or what caused you to slip or trip and fall. Was there something wrong with the construction or maintenance of the stops that was not obvious and contributed to your falling? Do you know what the rise and run is of the staircase? Measure the depth and height of each step to see if they are uniform and then check with the city to see what the code provides for uniformity. Then look at the step to see if there is loose or missing concrete that caused your foot to misstep. Finally look at the surface and considering the conditions think about the slipperiness of the surface and whether sandpaper strips should have been added to the concrete step. Were the steps painted and if so was it a high gloss enamel paint that with a little moisture makes for a very slick step. Then check with other tenants to see if they too have fallen or slipped. These property cases are not a cakewalk.

Their insurance may have "med pay" meaning that they will cover the cost of your doctor bills up to a certain amount, even without you having to prove that the landlord is responsible for your fall. Beyond that you would have to prove that there was a defective/dangerous condition and that the landlord knew or should have known about it.

They do not have to pay unless you can prove the steps were defective or unusually dangerous in some fashion. If you simply fall and get hurt on their property they are not automatically responsible. However, most property owners have some no fault medical coverage to help with bills.

Maybe. If it is a common area in the apartment, they have a duty to make sure the steps are safe. That being said, there must be something defective about the steps to have a claim. If you just fell, they are not liable. You can check with them to see if they have a medical payments policy which would help you with your doctor's bills. If you have health insurance, they will pay and you could use the med pay to cover any deductible. Go see an attorney so they can determine if the steps are dangerous and be able to tell them exactly why you fell.

Negligence has to be shown or proved on the part of the apartment complex before it may assume liability for your fall and resulting injury. What caused you to fall? Did you contribute to your own injury? You may want to consult with an attorney who handles slip and fall cases.

The owners or possessors of premises cannot be liable for injuries unless the owners or operators were negligent about some unreasonably hazardous conditions.

The apartment complex is only liable it was negligent. Was the stair broken, uneven, not level, the risers of varying height or the stairway in any way not in compliance with the Building Code? I've had many cases where, to the untrained eye, the stairs seemed fine. But, if you know what to look for, you can often find one or more Code or safety violations, creating liability.

Whether the apartment complex is liable would depend on whether there was something wrong with the property such as improper lighting, the steps breaking or else the complex failed to clear snow or ice. Talk with an attorney to see if you have a viable case.

The Apartment's insurance would not have liability unless there was a defect in the stairs such as crumbling cement, a missing piece, or inadequate handrail. Even if they are not legally liable, they probably have a med pay provision which would pay for your bills. NO MONEY will be disbursed unless you are willing to sign a release so you will need to satisfy (submit to your health insurance or pay) the medical bills or they will hurt your credit. You should immediately get a definitive diagnosis for your injured knee and consult a personal injury attorney.