I fell and fractured my elbow while going down the steps at my rental home. I have renters insurance but not health insurance. The steps are not level and there was no handrail. After replacement surgery and 4 days in the hospital i'm home but unable to do anything.I am a small business owner now with no income.Is my landlord responsible for my medical bills.
2007-02-23 15:52:30 · 11 answers · asked by lizajane 4 in Business & Finance ➔ Renting & Real Estate
Your landlord's homeowners insurance will cover this claim....You need to contact your landlord and let them know of your accident.....If he/she does not want to help you or make a claim with their home owners insurance, then you will have to hire an attorney to get them to pay.....Best of luck.....
2007-02-24 05:27:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First, no one wants to get sued therefore, I think that if you just tell your landlord that you think you have a safety issue with the stairs, he will probably want to fix it especially now that both of you have fallen. If he is completely oblivious or uncooperative, and you live in a state where you can call a building code inspector, or the health department, you can get them to come over and inspect the problem. If they determine there is a safety issue, they will order the landlord to fix it and he cannot refuse or debate it. As far as a lawsuit goes, I think that any personal injury lawyer worth his salt can make a case out of this. They have made cases out of much less than this. However, it would depend on a lot of factors such as your age, if you have any medical condition or taking any medication which could interfere with your ability to negotiate the stairway etc. Given that 2 people have fallen, it makes it more likely that there is something wrong with the stairs than with the people but you never know what a good defense attorney will bring up. Seems to me that common sense should prevail here. Landlords are in the business of renting apartments. Ideally, they would want to keep good tenants and would probably be willing to do that little bit extra to keep them. I really do not think you have to threaten or imply that you will sue in order to get him to fix the problem. You said you probably won't sue so I would tell him "you know other people would want to sue you - I'm just looking to get the problem fixed".
2016-05-24 04:41:29 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Not unless the landlord knew there was a dangerous situation and did nothing about it. Of course he will not admit liability, so it would go to court. Hard to say if you would win or not in this situation.
Many building codes require a handrail for more than a certain number of steps. You can check with your city's building code department and see if that applies in your location. You may be able to win based on that.
2007-02-23 16:10:25 · answer #3 · answered by Brian G 6 · 0⤊ 0⤋
Call your renter's insurance and ask. If you can prove that you would not have fallen if the stairs were even and there was a handrail, then maybe the landlord will have to pay. Don't count on it though-those landlords and insurance companies can be difficult!
2007-02-23 16:00:52 · answer #4 · answered by ABC Puppy 3 · 0⤊ 0⤋
unless you signed a hold harmless agreement with your lease, absolutely your landlord is responsible! that is why your landlord buys liability insurance. the landlord is at fault because the stairs are defective. even though you took the house that way does not mean that your landlord is not responsible. even if you did sign a hold harmless, an attorney would probably find something about it to make it void.
ask your landlord to help you get the medical bills paid. ask if the insurance covers disability for you, too. i hope she will not evict you for non payment of rent! try not to go there.
call a personal injury lawyer too: it doesn't do you any harm just to learn about the liability issue here. it may end up that because of the extent of your injuries and any long term disabilities that you will end up suing your landlord for negligence. ps: DO NOT talk about any potential case with anyone other than your own lawyer. if you sign on the dotted to sue (don't worry, it's contingency only, no cost to you), do not speak to her insurance agent or claims adjuster! let your lawyer do that.
i hope you are back to work soon. i know, i work my own corp too. this sounds bad. i hope you feel better.
2007-02-23 16:06:21 · answer #5 · answered by Louiegirl_Chicago 5 · 0⤊ 1⤋
Unless you have an agreement with the landlord about the
steps, fixing them or modifying them, then their care was your responsibility. I am sorry you are hurt, but it is an accident, not negligence.
2007-02-23 16:01:43 · answer #6 · answered by Susan M 7 · 1⤊ 0⤋
No, you are responsible. Just because you don't have health insurance doesn't not mean you should try to get a free ride.
2007-02-23 15:56:25 · answer #7 · answered by tooyoung2bagrannybabe 7 · 1⤊ 0⤋
Possibly if he had been notified of the missing handrail or if the steps were proven faulty . . . we can't tell from here . . . contact legal aid in your town.
2007-02-23 16:00:11 · answer #8 · answered by kate 7 · 0⤊ 0⤋
Your landlord didn't cause the injury so he's not responsible for any of your bills.
2007-02-23 15:59:03 · answer #9 · answered by Barry 6 · 1⤊ 0⤋
Quit trying to sue everyone. Your an adult and you fell. Own up to it and take responsibility. I hate people who sue for no reason. Accidents happen, and it was your fault not theirs.
2007-02-24 11:06:57 · answer #10 · answered by frankie b 5 · 1⤊ 0⤋