My husband slip on ice on the side of the house that we are renting and was injured can we sue our landlords? 21 Answers as of March 08, 2013

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Durham Jones & Pinegar | Erven Nelson
That depends on the nature of the agreement with the landlord. If the landlord had the responsibility to keep the area safe, such as a common area, you would have a case.
Answer Applies to: Nevada
Replied: 3/8/2013
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
First, it depends on the reason that there was ice at that location. If it was due to a defect in the eaves, downspouts, or some part of the exterior, and IF the landlord was given notice of the problem but failed to fix it, the you can sue. Second, the landlord cannot evict you for making a claim. You can be evicted for not paying your rent or for being lousy tenants, though. Third, if the defect (the ice) was readily visible and could have been avoided, you will either lose the case or receive a discounted value of the case.
Answer Applies to: Michigan
Replied: 3/6/2013
Adler Law Group, LLC
Adler Law Group, LLC | Lawrence Adler
That is a totally fact driven opinion. That will depend on if the landlord was responsible for ice removal and had sufficient notice and time to do so and if you husband also had some negligence to offset the liability.
Answer Applies to: Connecticut
Replied: 3/6/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Maybe. Maybe not.
Answer Applies to: California
Replied: 3/6/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Your husband's claim is based on negligence (the failure to use reasonable care). What did the landlord do that was negligent?
Answer Applies to: California
Replied: 3/6/2013
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    If you live there I would consider your responsibility to make it safe is a landlord supposed to walk around and make you safe all day when the weather is bad? Come on folks. Look after yourselves like my granddaddy and everybody else granddaddy did (before Roosevelt and Obama).
    Answer Applies to: North Carolina
    Replied: 3/6/2013
    The Law Firm of Reed & Mansfield
    The Law Firm of Reed & Mansfield | Jonathan C. Reed
    The answer in any slip and fall question is: Why was it the property owners fault? If you have a good answer to this question that a jury would buy you have a claim against the landlord.
    Answer Applies to: Nevada
    Replied: 3/5/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    You can, but you probably wont win. Ice happens in winter and it is probable that since you live in the house that you had the responsibility to clean up the ice.
    Answer Applies to: Idaho
    Replied: 3/5/2013
    Paul A. Lauto, PLLC
    Paul A. Lauto, PLLC | Paul A. Lauto
    You should consult with an attorney asap to determine the viability of your husbands claim, whether it be potentially against the Landlord and/or another party.
    Answer Applies to: New York
    Replied: 3/5/2013
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You should contact an attorney to discuss this matter further. You may have a personal injury case.
    Answer Applies to: New York
    Replied: 3/5/2013
    Curry, Roby & Mulvey Co., LLC
    Curry, Roby & Mulvey Co., LLC | Bruce A. Curry
    You would only be able to sue if 1.) the ice was an unnatural accumulation (i.e. the building owner made it worse than had the ice and snow simply accumulated) and 2.) the ice was not open and obvious. Assuming you could prove these things, you may have a viable claim against the landlord.
    Answer Applies to: Ohio
    Replied: 3/5/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    First, we need to know if there was a lease. That might have a clause in it explaining whose responsibility it was to take care of maintenance such as ice. If there was no lease, then there probably is no recourse against the landlord, since you as the tenants should be responsible for salting and sanding, unless there was an agreement or understanding to the contrary.
    Answer Applies to: New York
    Replied: 3/5/2013
    Robert Butwinick | Robert Butwinick
    Possibly. It depends on several factors. First, was the landlord responsible for maintaining outside areas? Was the the side of the house where he slipped a designated walkway, or just an area of the yard? The type of policy of the landlord carriers is also an issue. Some policies will exclude claims by anyone who resides on the premises, regardless of their status as owner occupant or renter. Depending the severity of his injuries, it sounds like something you should consult with an experienced injury lawyer and these issues and other can be assessed to determine if there is a viable claim.
    Answer Applies to: Minnesota
    Replied: 3/5/2013
    Lombardi Law Firm
    Lombardi Law Firm | Steve Lombardi
    Maybe or maybe not. Who, according to the terms of the lease, are required to conduct the snow and ice removal?
    Answer Applies to: Iowa
    Replied: 3/5/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    For what? I do not think they are liable based on your facts. Talk to local injury lawyer about case.
    Answer Applies to: Alabama
    Replied: 3/5/2013
    The Law Offices of Russell Gregory, P.C.
    The Law Offices of Russell Gregory, P.C. | Russell Gregory
    The matter should be looked into.
    Answer Applies to: Michigan
    Replied: 3/5/2013
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    No, not unless the Landlords negligence in someway caused the accident. The slippery conditions are an act of God which the Landlord cannot control.
    Answer Applies to: South Carolina
    Replied: 3/5/2013
    Johnson & Johnson Law Firm, PLLC | Richard Johnson
    Can you sue? Sure. The issue is can you recover money damages? Did the landlord failure to warn or make safe a latent dangerous condition that it / he created, or knew about, or should have known about, that your husband did not know about, or shouldnt have known about in the exercise of reasonable care for his own safety?
    Answer Applies to: Washington
    Replied: 3/5/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Not unless it was their responsibility to get the ice up and you can show they knew or should have known it was there and they didnt warn you or guard against it.
    Answer Applies to: Alabama
    Replied: 3/5/2013
    Law Office of Savyon Grant
    Law Office of Savyon Grant | Savyon Grant
    Yes you can.
    Answer Applies to: New Jersey
    Replied: 3/5/2013
    Koning & Jilek, P.C.
    Koning & Jilek, P.C. | Jonathan Neal Jilek
    Maybe
    Answer Applies to: Michigan
    Replied: 3/5/2013
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