Hope you can help, I fell at my apt today

I got home from work today and was walking to come to my apt. The steps down to my apt has carpet with a piece of rubber securing it. My foot slid under the rubber, into the sticky stuff that secures it to the carpet, and I have to catch myself as not to fall. I came into the apt and immediately called the office to have this fixed and to tell them what had happened. She told me that they knew those were wore out and were in the process of taking all of them off. She apologized to me and sent maintenance to fix it.

When I went to see if they had done a good job, I realized they hadn't fixed it at all. As a matter of fact, they made it worse. They used more sticky stuff but it isn't holding the rubber down. Now it is stickier and the rubber is still loose. I plan to call the office again in the morning to let them know that it is not fixed. I also noticed that they had removed they rubber that was on the second step, so apparently they had known all along that this was dangerous.

So, my left shoulder hurt instantly, my guess is from bracing myself so I wouldnt fall. I went down to the pool hoping for water therapy. It worked well, my shoulder isn't bothering me as much.

This evening, it has started to bother me again as well as the right side of my neck. I am also noticing some swelling on that side of my neck and a lot of tightness. I am going to go to the er in the morning, since my doctor is close on weekends. My question is, will the apts be responsible for the medical bill?

Thank you....

I doubt that the apartment complex is just going to hand over the cash at your request, or upon your presentation of your medical bills. If you want them to pay, you will probably have to sue them---and in order to prevail, you will have to prove negligence.

I will tell you this much, though--the fact that you did not seek immediate medical attention could hurt you if you plan on suing. You are going to the ER tomorrow? If it hurts, go now. What you are saying sounds too scripted---methodical. If you need medical attention badly enough to sue, I wouldn't wait.

Also, you will have to prove that you actually did fall--did anyone see you? If there are no witnesses, it will be your word against theirs.

One other thing---you said the manager said they were in the process of replacing the item in question---yet you said you fell today. They expected to replace all of those runners on all those steps in ONE day? I'm betting not. Also, now that you know there is a problem with that step, you have a duty of care to avoid it or exercise more caution now that you know it is, presumably, a hazard of some kind.

I don't plan on suing them, I just want them to pay the medical cost. The pain isn't severe, just soft tissue. I was hoping it would feel better by this morning, that is why I waited.

And I really have no idea when they planned to change all the runners. All she said, was we know they are worn out and are in process of getting them changed. I don't understand how that effects me..why you would point that out?

And obviously I am going to take care on those steps...trust me I am.

Second try.

If you want money, you will, most likely HAVE to SUE. Walking in there asking them to pay your bills will not affect them in the least. Thats how it works. Paying the bill would mean they are admitting culpability.

How if affects you? YOU were the one who "went to check if they fixed" the runner and complained it wasn't satisfactory. You said ( and I quote) "I came into the apt and immediately called the office to have this fixed and to tell them what had happened. She told me that they knew those were wore out and were in the process of taking all of them off. When I went to see if they had done a good job, I realized they hadn't fixed it at all. " The *POINT* is, they were in the process of REPLACING/TAKING THEM OFF the whole building, I presume? You said later ( the same day ) you went to check to see if they were replaced and they were not. The POINT is---it isn't reasonable to expect that a job of that magnitude be completed in one day, and it does demonstrate good faith that they attempted to FIX (temporary solution--even if you don't approve of the 'fix') something they are in the process of replacing ( permanent solution). This means they are acting in good faith in response to your complaint.

Bottom line: What you are describing happens all the time. Person in grocery store falls, wants store to pay for medical bills. This rarely happens unless the person issues a lawsuit for their injury.

And, you will have to prove negligence on the part of the complex , which is, I suspect, going to be difficult to do. I am not saying you didn't fall. I am not saying you aren't hurt. YOU asked how it "works" when someone is injured--and I'm telling you how it works---whether it suits you or not.

Also, I said what I did about you falling a second time meaning if you were to fall a second time in the same place, say carrying a child and you both were appreciably injured, it would be even more difficult to bring a cause of action because knowing it is the way it is on that particular step transfers a duty of care to you now that you know. Thats all.

Businesses don't routinely hand over cash for medical bills--especially those that aren't serious---(i.e. you admitted a dip in the pool helped) Of course you are going to be sore for a day or two, but damages? I don't think so.

Your only chance of having the apartment pay for your medical bills is to prove negligence in some duty of care and I don't know how you would do that, barring some witnesses or immediate urgent medical care.

That was my point.