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Old 03-25-2009, 08:55 PM   #1 (permalink)
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Slip and Fall on rental proporty

I was walking down the stairs in my apartments and there was a step five steps from the ground that had been loose for a few months not only have we made compaints but so has some of our neighbors nothing was fixed they recently painted the outside of our buildings but still never fixed. three days ago i was walking downstairs at around 2:30pm and stepped onto the broken step it tilted forward and i slipped. My feet went out from under me and i landed on my lower and middle back. i fell hard enough to totally break that step and the one below it. They finally came to fix my stairs and everyother staircase in the apartment complex the day after i fell. I took photos before they were fixed a video of the broken step tilting when stepped on and photos of them fixing it. ever since my fall i cant lift things or do simple everyday tasks like tieing my shoe or combing my hair. My question is, do i have good case?[FONT="Arial Black"][COLOR="Black"][/COLOR][/FONT]
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Old 03-26-2009, 04:40 AM   #2 (permalink)
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You would have to talk to an attorney who can view your "evidence" more carefully.

It's a two sided coin---they have a responsibility to provide a safe living environment and when they are apprised of a problem, they have a responsibility to fix it. However, they will argue if you knew it was there, then you had some duty of care to avoid it or walk over that step, etc. (weak, I know) but that is what they will say.

I think it's worth a try. But be prepared for them to assert that the time it took for them to fix it was not unreasonable and that your knowing it could be unsafe placed ENOUGH of the burden of care on you to find them not liable.

Have you seen a doctor? Did you see one immediately? If you have NOT been to a doctor time is of the essence. It would be YOUR burden to prove that your current physical distress is DIRECTLY related to that fall--which means if you have EVER seen a chiropractor, or a doctor for back neck injuries, or if you have ever been in a car accident (examples) ALL of that will come to light in court. Civil cases are a preponderance of the evidence , which is 51%. Only a local attorney who knows all of the facts can tell you if your proof meets that standard or not.

Tough call. Good luck.
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[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
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Old 12-22-2009, 05:48 AM   #3 (permalink)
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Barring the fact I have no idea what "go for the legal issue" means, MarkHarris, you are not only a spammer, you are ignorant.

The poster KNOWING the stairs were loose does NOT negate the owners responsibility to FIX the step, especially if it is one the poster HAD to tread upon to gain access to their living quarters.

It is beyond me why people who have no clue what they are talking about presume to attempt to influence other people with their ignorance. Unconscionable, actually.
I bet there is a medical forum somewhere that could use your advice, Harris. Wait, that's right. You've already been there, too, telling people they "can't go for the medical issue" for various insipid reasons.
Amazing how this cretin didn't know in his own faux threads how or where or even if he COULD hire a personal injury attorney even though he was POSTING on a site called LEGAL MATCH (pause for a moment of weighty import right there), but he can say with such confidence that this poster can't "go for the legal issue".

Only thing I hate worse than spammers is STUPID spammers.
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[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]

Last edited by GentleGrace; 12-22-2009 at 05:51 AM.
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Old 12-30-2009, 11:22 PM   #4 (permalink)
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I agree with grace. People should not be discouraged like that. The best option for any injured person is give a call to a personal injury lawyer. You can pick search the directories online, use search engines or search LegalMatch directory to find a lawyer near you. Almost all of personal injury lawyers offer free consultation. You can talk to them and see your options.
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Old 12-31-2009, 04:53 AM   #5 (permalink)
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Oh god......... I'm surrounded by spammers.
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[COLOR=black]To [COLOR=blue]ERR [/COLOR]is human.[/COLOR]
To [COLOR=darkorchid]FORGIVE [/COLOR]is divine.
[FONT=Comic Sans MS][FONT=Times New Roman][COLOR=red]NEITHER[/COLOR] is my policy.[/FONT] [/FONT]
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Old 03-23-2015, 10:10 PM   #6 (permalink)
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Anytime the insurance company denies your claim for damages, you have the right and the option to file a law suit provided you are within the statute of limitations. There are some things to think about, however:

For one, if this is government housing, you will need to first submit an administrative claim form that is provided by the State (if a state program) and the Federal Government (if a federal program such as HUD).

If this is not government housing, you can file a case in the superior court of the county in which you reside and have the owner of your home personally served. Therefore, even though the insured has denied that they are at fault, you can still have this issue reviewed in a court of law.
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Old 03-26-2015, 05:26 AM   #7 (permalink)
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I?t is hard to say whether you have a case or not but the best option is to give a call to a personal injury lawyer. They can guide you better in the whole process.
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Old 03-26-2015, 11:18 AM   #8 (permalink)
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Slip and Fall case

Legalmatch has lots of information that gives you a better idea of whether you have a successful slip and fall case and what must be proved. It is highly recommended to get a personal injury attorney which has a contingent fee bases where you pay nothing unless you are successful in the case. Here is an article for slip and fall information.

http://www.legalmatch.com/law-librar...fall-case.html
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