I fell at my son's home and he doesn't have renters insurance is he responsible or is his landlord resposible?

Question

I was told the landlord is responsible

Answer 1

Don't be a sue freak. You are responsible for falling. Did the landlord show any kind of negligence which caused you to fall? If you just tripped and fell, it is your fault.

Answer 2

It depends - why did you fall?

Just because you fell at some ones property does not mean they are automatically responsible for the person's injuries.

It all comes down to negligence. In order for your son or landlord to be responsible, they have to have done something that caused your injury.

Here's an example - I come to visit you at your home - I have never been there before. On the way up your front steps, I trip and fall - injuring myself. The steps are in good condition. I fell because I just stepped down wrong and turned my foot over.

Now - as the owner of the property - did you do something that caused my injury? No. You owned a safe pair of steps - I just stepped down wrong. You would not be responsible for my injury.

Another example: I come to visit you - I have never been to your home. The front step is loose. You know it is and just have not gotten around to fixing it because you are busy. I fall when the loose step gives way. Are you responsible for my injury - very possibly. You knew the step was loose - you did not fix it and did not warn me about it.

There may also be language in your son's lease that puts the responsibility back on your son.

This is just a very simple over view - slip and fall cases are way more complicated then this and most of the time the land owner is not responsible for the injury.

Answer 3

This is not a place of business. It's not like suing a corporation. Kids fall on playgrounds and scratch their knees, but you can't sue the play ground. Even in a place of business if you fall as a result of losing your balance you can not hold the business liable. Your accident would have to be unavoidable as a direct result of improper conditions creating a hazardous situation. This is a residence which your son is probably responsible for the up keep of if he's buying. Shy of serious neglect a judge would most likely throw such a suit out, and order you responsible for your own actions leading to the fall. Even if your son doesn't have home owners insurance because he's renting the same would apply. But say he's buying, he would have to have done something that was seriously neglectful for you to ever win such a case against him as he has very limited responsibility for the public. Again, not like a business that is expected to watch out for the safety of there consumers.

Answer 4

Let me get this straight... You want to sue your son? Did he push you, leave a step off the stairs, or make you jump to a lower level? What kind of a heartless parent are you to want to make your son responsible, possibly spoiling his credit rating for at least 10 years and making him unable to pay his bills if he pays you?

Was the landlord negligible by leaving the property unsafe? If it was unsafe, why was your son still living there? Only then would you have a case to sue the landlord. Do you think the landlord has deep pockets and you want to bankrupt him/her?

Get real. Hundreds of people fall every day only by their own carelessness. File a claim with your own insurance or Medicare and next time be more careful when you go anywhere or stay at home.

Answer 5

Wow, people are harsh.

Without much details, then there seems to be no way of giving a good, straight answer.

Of course, such a question will lead people to believe whatever they want. I, myself will assume that you just tripped and fell and now you want to blame someone else for your clumsiness. :( If that's the case, then you only have yourself to blame. If your son was a dirty pig, left things all over the floor and failed to make sure you didn't trip over anything, then I suppose it would be your sons...though you should have been more careful anyway and avoided visiting the place until he cleaned up.

Judging by the answers, you already know why it would possibly be the landlords fault.

Answer 6

Well, NO ONE is responsible, until a judge says so.

Maybe YOU are responsible. It's going to depend on if they were negligent. Just the fact that you FALL somewhere, does not automatically mean you're entitled to money.

So, if you were drunk and tripped over your flipflops, YOU are responsible. If your son had an area rug that wasn't secured, and you slipped on that, HE is responsible - but you'll have to sue him and have his wages garnished (nice mom). And if the landlord knew the floor was rotting out, and didn't replace it, and it caved in under you (assuming you don't weigh 300 pounds), then HE is responsible.

Answer 7

Unless you fell because of negligence on your son or the landlords part, you are responsible. Was there a broken step or ice you slipped on? If there was something that needed repaired that caused your accident then: 1. Your son would be responsible if he had not notified the landlord of the needed repair. 2. If son had notified landlord in writing of needed repair then landlord would be responsible.

If the accident was because of a wet or slippery sidewalk or stairs then it would be on your son because he is responsible for things like that as the tenant.

If it was your own fault then I suggest sucking it up and letting it go. My MIL drove her car into our concrete patio and dinged her car up and took a huge chunk out of the patio. She tried to force landlord to pay for repairs (even though she did more damage to our patio). She figured since there was a landlord with insurance she'd get someone else to pay for it. Well it ended up costing her a ton of money in attorney fees when her case was dismissed and she had to pay all of those fees herself. She was so upset that she wanted me to turn it into our insurance. I politely refused and told her accept her fault and move on and that she was lucky the landlord didn't sue her for the damage to the patio.

She has fallen at our home twice through no fault or negligence on anyone else's part. She was quite upset when her attorney advised her that there was no negligence so regardless of who owned the property or was insured, it was on her own shoulders.

Answer 8

I think none of the above are responsible, if you can't put one foot in front of the other, it is your fault. If you were to even consider making your son liable, that would be disgraceful. Take some responsibility for your clumsy actions and stop trying to make a quick buck.

Answer 9

If the property was in disrepair - such as if the floor collapsed and you fell, or ice wasn't removed properly, then it's the landlord's issue.

Other than that, sorry.

Answer 10

Possibly neither. The landlord and/or son are responsible for keeping the place from being dangerous, but not for keeping you from being clumsy. Without knowing why you fell, it is impossible to say whether you are the responsible person.