I live in a apartment building, there is only one way to get in and out of the apartment building. There used to be two post to hold on to. but one of them has been broken since August of 2006. The landlord come here all the time and dont fix it. He just leave it. Right now it is winter and there is alot of snow and ice at times, but it hard sometimes to walk up and down on these steps, and than one of the post missing, you dont have any support. If someone was to slip and fall , hurt there back or even broke a bone. Due to the negligance of the landlord. Could you sue him for pain and suffering and stuff? What would be the proper steps in filing a lawsuit? What are somethings I would need to prove my case and win?
2007-01-26 14:14:50 · 6 answers · asked by pnkrockerkid 1 in Politics & Government ➔ Law & Ethics
You need to do some research. It may not be negligence in your area, especially if he is not required by building codes and other local statutes to keep hand rails, etc. Also, if the landlord never recieves written notice, you don't stand a chance! Write and send a certified letter asking him or her to correct the problem. Keep a copy. Keep the delivery receipt.
2007-01-26 14:23:55 · answer #1 · answered by cyanne2ak 7 · 0⤊ 0⤋
The duties of a landlord to maintain the premises will vary by state, but you do have a potentially dangerous situation. A lawsuit for the injuries suffered might be viable under your hypothetical.
The proper procedure for filing a lawsuit varies by state, but usually involves filing a document called a complaint and a summons that must be served on the defendant(s). The elements of the claim and required evidence will also vary by state, but evidence might includes pictures of the area where the fall occurred and copies of letters you sent to the landlord to get him/her to fix the problem. And the victim's medical records will be need to show the nature and extent of the injuries.
You should consult a local personal injury lawyer for more information.
2007-02-02 16:55:05 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
The law varies by state I think. I don't know where you live,but I would write to the LL and ask him to fix it, and tell him why. Have the other tennants write to him also. Keep copies of everything that you send to him, with a date on it. If your building is not up to the building code, then if you fall, hire a lawyer.
In your lease it probably has a clause about liability, etc.
2007-01-26 22:30:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Doctors must treat you and say they are at fault.A injury that costs about $5000 in medical bills .Lawyers don't usually take anything smaller.So if you get hurt see a doctor.Take pictures also.
2007-02-02 22:06:12 · answer #4 · answered by -bls 3 · 0⤊ 0⤋
Absolutly he"s responsible for maintence.And he can be sued for negligence.Take pictures of the missing rail for documenting.
2007-01-26 22:25:50 · answer #5 · answered by thresher 7 · 0⤊ 0⤋
yes. and there are some vary good web sites that might
help you. I suggest you start with ASK.com
2007-01-27 02:12:44 · answer #6 · answered by marc p 2 · 0⤊ 0⤋