Is my landlord liable for a slip and fall accident?


Question: Is my landlord liable for a slip and fall accident?

I live in a rental house and the landlord doesn’t have hand rails on the 4 steps leading out of the house into the back yard. My husband was going outside last week, slipped and fell on his wrist and broke it.

We checked the building code and in our area if you have more then 2 steps you are supposed to have at least a hand rail on one side.

Because we don’t have medical insurance we asked our landlord to pay the medical bills and he refused. He said it wasn’t his responsibility and that we knew of the condition of the property when we moved in and didn’t complain then.

This is too small to take to an attorney but if we sued in small claims court do you think we could win?

Answer:

A lot of this depends on the rental contract you signed when you rented your house and the tenant/landlord laws in your area. Although if the home is not up to code (it may have been when it was build) you may have a case. If the home was up to code when it was built, in many places, it doesn’t have to be brought up to current code. Some cities require it brought up to code if there is a sale.

There are in many places lawyers that will give you a free consultation and then charge you a flat fee to advise you (not represent you) on your small claims case. You might want to see if there are attorneys in your area that do that. Sometimes the local Bar Association will know of such attorneys.

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How do I make an accident claim?

Question: How do I make an accident claim?

I was in a car accident with my new car (less then 6 months old) that wasn’t my fault. The car was totaled and I was moderately injured.

The other driver’s insurance wants to pay me for my injuries and low blue book market value of my car. The problem is that with a new car they depreciate quickly the first year that you own them and I am going to lose money on this.

I don’t think it is fair that this accident wasn’t my fault and I am going to lose money.

What should I do?

Answer:

Unfortunately, many policies are written that they only pay the low blue book on the care, which means that you might lose a lot of money. Although, there are some companies that are starting to pay the retail market value of the car which means that sometimes even new car sales might be used to appraise the car.

The best thing to do is speak with a personal injury attorney to see if you have any recourse on the other driver’s insurance company. There might be some way to approach them about a better settlement that just makes you whole.

I don’t know if it will work, but I think it is worth a try. Most PI lawyers will give an initial consultation free to see if your case is worth pursuing.

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Dad got hit on his motorcycle. What can we do for injuries?

Question: Dad got hit on his motorcycle. What can we do for injuries?

My father was riding his motorcycle and was hit by a car. The accident wasn’t his fault.

The insurance company of the man driving the car is trying to say that my dad was at least 50% at fault for the accident and doesn’t want to pay much. If fact, what they have offered doesn’t even cover his medical costs.

I want to help my father, what can I do?

Answer:

The first thing to do is to get a copy of the police accident report to see if you father was indeed considered to be at least 50% at fault for the accident.

You then need to have your father speak with a good personal injury lawyer. There are PI attorneys that specialize in motorcycle accidents. Many of them are bike riders and understand the difficulty sometimes of getting fair settlements in motorcycle accidents.

Your father should have immediately sought legal help with his claim as insurance companies will sometimes try to take advantage of people who don’t have legal representation.

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Bad slip and fall accident. What should I do?

Question: Bad slip and fall accident. What should I do?

I was in the restroom in a restaurant and the floor was wet. It wasn’t marked and I didn’t see that it was wet.

I slipped and fell twisting my back on the way down and landing on my butt with a leg twisted behind me. Another patron witnessed the fall and came to my aid.

I actually passed out from the pain and the other person went for help. The restaurant called an ambulance and I was taken to the emergency room.

The insurance company of the restaurant is saying that the restaurant is not entirely at fault and that my high heels were partially to blame.

I have had one surgery on my back because of the damage and the doctor says that I may need another one. He also said that I could possibly have permanent damage.

I was hoping not to get into a law suit over this but I don’t know what else to do. Any help would be appreciated.

Answer:

The very first thing that you should do is talk to a personal injury attorney. A lawyer can inform you of the personal injury laws and your rights in your area.

It is surprising that the insurance company is taking the position that they are, maybe they think you will take less if you feel that you might be partially at fault. If the wet floor was clearly not marked as wet, it seems that they may have a tough time proving what they are saying.

If you haven’t had an attorney involved yet, they also may think that they can take advantage of your lack of knowledge of the personal injury law.

You may not want to litigate this but if you have possible permanent damage to your back, it may be your only choice to get a fair settlement.

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