Can the Property Owner Evict Me if I Sue for Injuries?

by D.C.
(Prescott Vlley, AZ USA)

I tripped and fell on a chunk of asphalt in the driveway of my apartment complex. Two fingers are broken requiring pins to stabilize the bones, and there may be permanent damage to tendons and ligaments.

Can the property owners evict me if I sue?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can the Property Owner Evict Me if I Sue for Injuries?":

DC (AZ):

They can try, but unless you are in default of the written lease agreement, they cannot. If they try to evict you it is very doubtful any judge would agree with them.

On the contrary, if the landlord tries to evict you you would have an excellent counterclaim for damages, possibly including punitive damages. Punitive means if the judge thinks the landlord wrongfully attempted to evict you the judge can penalize her for doing so, and depending upon the maximum amount the Judge can give, you might be awarded several thousand dollars for your trouble.

If the asphalt was loose, and of a size which might cause a visitor or a tenant to trip over, the Judge may find the landlord is liable for your injuries. A lot of the case will depend on whether the asphalt had recently broken off and the landlord hadn’t had a reasonable time to see it yet, or if the broken asphalt had been there more than a reasonable amount of time and the landlord ignored it, especially if the landlord had been put on notice by people who had reported it.

Because the landlord will probably deny she had any, or at least sufficient notice of the broken asphalt, it would be a good idea to talk with a Personal Injury Attorney. Almost all Personal Injury Attorneys do not charge any fee to people who seek an initial consultation.

We have given you some good options. A qualified and skilled Personal Injury Attorney will be able to give you very specific advice so you can know the strength of your case and the probable outcome, including a general amount of money you might receive. Because Personal Injury Lawyers work on what is called a “contingency fee” you will not have to pay any money until (and unless) your Attorney wins your case.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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