What could I do if the landlord fixed the problem after my injury? 11 Answers as of May 21, 2015

I severely injured my foot on an outdoor edging at my apartment that I had asked the landlord to fix. I hit the edging so bad that it caused a laceration and a swollen ankle and I had to go to urgent care. To make matters worse, I have not been able to drive my car for some time because this injury is to my right foot. I went back to take pictures of the edging, but my landlord had taken it down. What am I supposed to do now?

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Law Ofices of Edwin K. Niles | Edwin K. Niles
Get a free conference with an injury lawyer.
Answer Applies to: California
Replied: 5/21/2015
Bulman Law Associates PLLC Injury Law Firm
Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
Get ready to testify about what it looked like before it was changed.
Answer Applies to: Montana
Replied: 5/20/2015
James E. Hasser, Jr. P.C.
James E. Hasser, Jr. P.C. | Jim Hasser
All is not lost. The fact they fixed the problem proves your point that they were liable. Consider consulting an experienced premises liability injury lawyer.
Answer Applies to: Alabama
Replied: 5/20/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
For understandable reasons, 'subsequent remedial measures' by the landlord may not be used as evidence. It's a pity, of course, that you did not have someone photograph the dangerous area soon after the incident. But even so, what you have is a problem of proof. Meaning you will need witnesses who can testify to the condition of the area in the period leading up to the accident. So check with your (former) neighbours, or visitors to your own lodgings. The municipality may have records about the condition of the place, especially if someone complained to the Building or Zoning people. A good personal injury lawyer can provide invaluable help. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/20/2015
End, Hierseman & Crain, LLC | J. Michael End
You do not necessarily need a photograph as proof of what happened. I think you should try to find a personal injury lawyer to help you with your potential case.
Answer Applies to: Wisconsin
Replied: 5/20/2015
    Gates' Law, PLLC | Thomas E. Gates
    You can sue for your injuries. It does not count when the hazard is fixed after the fact. While you may have asked the landlord to fix the problem, if it was not in writing, your request may not have been actionable.
    Answer Applies to: Washington
    Replied: 5/20/2015
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    I hope that you got pictures of the condition before they fixed it. Subsequent repairs are not admissible in court to prove fault. Under Michigan law, a landlord is obligated to give a tenant "common areas which are fit for the purpose intended by the parties." That means, that you are entitled to an exterior which is reasonably safe.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    If less than two years has passed since your accident, you should contact a personal injury attorney for a free consultation. You may be entitled to compensation for medical bills, lost wages, future medical bills, and pain and suffering.
    Answer Applies to: West Virginia
    Replied: 5/20/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    As a matter of policy, we want property owners to fix up their property. Did you report the accident when it happened? Are their any witnesses? In the condition it is in now, can you see that something was recently done? While he can't be called upon to testify as to the repairs, he can testify as to what he saw after the incident was reported to him.
    Answer Applies to: New York
    Replied: 5/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You should most probably confer with an attorney, but in Michigan this form of action is relatively difficult if the problem was open and obvious, which it appears from your description it was. The fact that the landlord has corrected the problem after the incident is not admissible.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Your testimony of what occurred will likely be sufficient. You can bring a claim against the landlord and ask him to communicate that to his insurance company. you may need a lawyer to properly prosecute the case.
    Answer Applies to: Connecticut
    Replied: 5/20/2015
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