I lease a building that was flooded. The steps to my lower office were loose from the water and never repaired by the landlord. I was walking down to the lower office when the second step came loose and caused me to fall and injure my back.
I have pictures of the step after the fall. Do I have a premises liability case against the landlord? What can I do about my injuries? Thank you.
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ANSWER for "Fell on Broken Step and Hurt My Back...":
Wayne (Hatboro, PA):
Yes, from the facts you present it would appear you do have a cause of action against the landlord and owner of the building.
If you haven’t done so already, go to your local hospital or medical clinic for a full physical examination. You will probably be administered an MRI (Magnetic Resonance Imaging) exam, as well as X-rays and a possible CAT Scan (Computerized Axial Tomography).
Documenting your injuries as soon as possible is vital when seeking compensation for personal injuries. Be sure to get copies of all of the results. Also get your admitting charts, and any other documentation you are able to. You will have to sign a medical release to do so.
At about the same time contact the landlord and owner in writing, by certified letter, return receipt requested. The letter should cite the facts, and a brief recitation of your injuries. Don’t send them copies of any documents yet. In the letter ask them to give you the name of their insurance company.
Hopefully they won’t ignore you. If they do agree to put you in contact with their insurance company you will soon after be contacted by an insurance company Claims Adjuster. You will be able to negotiate a settlement with her.
If you run into any obstacles along the way you can always seek the advice of a Personal Injury Attorney. Most will not charge for an initial office consultation. You won’t be obligated, and you will leave knowing your rights, and the landlord and owner’s legal obligations.
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.
The accuracy of information provided on this site is not guaranteed. It is generic information for informal purposes only. It is NOT formal legal advice. Your use of this site does NOT create an attorney-client relationship. Before relying on any information found in this site you should consult with a licensed attorney in your state. If you are currently represented by an attorney, you should strictly abide by his/her counsel.