Can I Sue My Landlord for Negligence and Pain & Suffering

I live in the State of New York. I live in a apartment build, well it is a house with two apartments. There is only one entrance and that is the same entrance you use to exit. Before you can go inside the apartment, you got to step on to the porch. The porch used to have two post for you to hold on to. But now it has one. because the porch is no good....and that post had rot off until it just broke off. Instead of the landlord/owner fixing it, which would probably take up 10-15minutes of his time and a few nails and screws. he just layed it along side the porch. It has been broken since Sept of 2006. It is now winter over here and the steps on the porch steps has ice and snow and it is very slippery. Few Mornings ago i was walking off of the porch and slipped and broke my arm. If that post was there i could of had some support to hold on to so i wouldnt have fallen, but that wasnt there and i landed on my arm and broke it. Could I sue my landlord for negligence and pain and suffering? Also if i have pictures and people such as the mail carrier and other tenants to back my story up about it being broken since Sept. of 2006.

First, you can sue anyone for anything....so yes you can sue your landlord.

Second, you will be able to get your medical damages, time off of work and possibly some P & E. This amount will be determined by the judge.

If amount is under your states max for small claims this is where you should start. If you are out of pocket more than the statutory max then seek advice from an attorney.

The owner of the dwelling is required by the State of New York to maintain dwellings in compliance with this code: Chapter 3 of the 2006 New York Property Maintenance Code specifically defines who is responsible for the exterior structures and maintenance. You can access this directly at http://www2.iccsafe.org/states/new_y...y_frameset.htm. Section 302.1 and especially Section 304 (various sections) should be of some note to you...and possibly an attorney.

Jury, I think you quoted the wrong section....

I am not the one asking the question.

Fixed now, thank you.