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What would be the Process to suing my landlord? What would you have to do? Would a lawyer take a case like this? 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? I live in New York

2007-01-26 21:11:50 · 7 answers · asked by pnkrockerkid 1 in Business & Finance Renting & Real Estate

7 answers

Yes! Take pictures, document your complaints like sending certified mail. You can't go wrong over documenting. After you have gathered your proof, contact some lawyers and you'll definitely get representation.

2007-02-02 23:13:44 · answer #1 · answered by gbeavers2003 1 · 0 0

Sounds like a slip and fall coming up. You need to be able to prove negligence, so a dated photo showing the post broken before the fall would be helpful as would a certified notice to the landlord complaining about the continuing lack of a post.
You would then have to prove loss of income as well as any loss of future income as this would make up the bulk of any claim. Pain and suffering would be on top of this but would be a relatively minor component.
Best to file a lawsuit through a slip and fall specialist lawyer.

2007-01-26 21:21:20 · answer #2 · answered by Anonymous · 0 0

Yes it can be and it's only a matter of time before someone does sue. If an accident was to happen I would first get any injury taken care of, then I would file a complaint with your local police,
then find an attorney, if they feel you have a strong case not only
the landlord but, the owner of the apt. building should be sued
for damages plus whatever pain and suffering said person endured.

2007-01-29 01:36:26 · answer #3 · answered by Williamstown 5 · 0 0

Anyone can sue anyone for anything. But, you would have a decent case. Send the landlord a friendly letter just telling him that you're concerned about the post situation; don't threaten him, just fill him in. In the event that someone falls, that letter is a nail in his coffin.

2007-02-02 14:12:09 · answer #4 · answered by Scott K 7 · 0 0

In order to get much of anything, you will have to show true injuries such as your ER bill or hospital stay, then bills for physical therapy. Every lawyer sends a client who has been injured t physical therapy. Thing of it is, once the suit has all been settled, the lawyer gets his cut, the therapist gets his cut, and you are left with not much but a lot of wasted time.

2007-01-26 23:06:51 · answer #5 · answered by JC 7 · 0 0

The ability to sue for personal damages would be a longshot. However that missing railing is certainly not up to code. Simply report the slum lord to the city code administrator.

2007-02-02 03:30:18 · answer #6 · answered by dedication62 2 · 0 0

you would have to go to the doctors for proof of injury.
that stuff take time. i would just move if you have not got injured. save you time ,believe it or not money, if you feel that strong about this problem go to the city and make a complaint.

2007-02-03 17:57:36 · answer #7 · answered by katana b 3 · 0 0

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