Should I sue the landlord over slipping & falling on a walkway in front of where I live?
I was hurt pretty bad & had to go to the hospital. He should have repaired this walkway years ago but chose to not do it. What do you think I should do? I don't have great medical insurance so I've got a huge bill now that won't be easy for me to pay.
- David 14Lv 72 years ago
You should speak to a lawyer.
- Raymond L.Lv 52 years ago
You just want somebody to blame and curtis2 sports who answered this is spot on.
- 2 years ago
You could sue, but be prepared to find another place because you are not going to be friends any more.
- loanmasteroneLv 72 years ago
Because you did not have adequate insurance is not a reason to sue your landlord.
I take it that by you not having adequate health insurance, you did not have rental insurance at all. If you had rental insurance, you would file a claim against your insurance carrier and let them decide who is the cause of the financial and medical damage you encountered.
You might sue your landlord. You would be required to prove in court
#1. That the landlord was aware of the potential damage to the side walk
#2. That you informed the landlord in writing of the potential danger that the sidewalk would cause, or have other tenants in the rental unit that would testify that this danger has existed and is a potential danger to the tenants.
#3. The amount of your medical expenses, issued by your medical facility or doctor.
#4. Prove that the sidewalk where this incident happen is the responsibility of the landlord and not some other entity, such as the city government.
There might be other conditions you would be required to prove. The judge would decide other evidence necessary for you to be successful in your law suit.
You would have to decide which court you would use to sue your landlord.
#1. Small claims court
This court would handle cases where the money value would not exceed the statutory limit in your state. Most states have a limit of $5000 while other have increase the amount to $10,000
#2. Superior court
If your financial damages exceed the small claims amount of yous state, you would need to file your claims in the state superior court. In filing through the state superior court you would need the services of an attorney. Your initial consultation with any potential attorney would be at no cost to you. Once you have selected an attorney, you would be required to pay a deposit and continue to pay your attorney until the case is solved.
In some cases you might find an attorney that would take your case, based on you signing a contingency that you would give your attorney a certain percentage of any financial award you might be given by a judge.
You would be required to find out the method of payment your attorney would need and want.
I hope this has been of some benefit to you, good luck.
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- curtisports2Lv 72 years ago
First, who owns the walkway? Is it public property or does it run across the owner's property? If it's public property, you would have to sue the town or city.
Then, it will come down to your awareness of the hazard. The fact that you say 'it should have been repaired years ago' will be something that even a fresh out of law school lawyer would seize upon and ask you in open court (if it ever got that far) how you could know the problem existed and still be injured. You could have, and should have, avoided the hazard you knew about, and it would be your negligence as much as the landord's negilgence.
- RosalieLv 72 years ago
It depends upon whether it belongs to the landlord or it's a town sidewalk.
You also need to weigh the probability that you would find it hard to rent anything, anywhere, once your lawsuit became of record. No one wants to rent to someone who sues the landlord. That in itself could cost you far more than you have any chance of getting back.
- Pearl LLv 72 years ago
you can try and see what happens
- ibu guruLv 72 years ago
Consult an attorney to see if you have a case.
- oldprofLv 72 years ago
See a lawyer. There are too many variables in a case like this that you've not shared with us. You might have a case, but you really need to see a lawyer. Find one that'll take the case on consignment; so you don't get charged anything until he wins the case for you.
- ?Lv 72 years ago
Why did you fall? Was it due to your negligence, or your landlord's negligence?
The action you take should be appropriate to the cause of the accident.