Visitor Question

Broken arm from falling in a hole in the floor of my rental home…

Submitted By: Rachel (Lakeland, FL)

On January 22 I fell in a hole in the floor of my rental home. The landlord knew it was there, and promised to fix it, but never did. I broke my right toe and broke the right humerus bone at the elbow, along with snapping a ligament in half. All three of these injuries required surgery, and I’ll never be able to use my right elbow fully again.

What would you recommend as a settlement offer if you were my lawyer? I am also looking at a lifetime of arthritis due to this. I need some advice. Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Rachel,

While we are happy to discuss general information relating to personal injury matters, we can not offer legal advice. Legal advice should be offered by an attorney in your area.

Your injuries appear quite serious. Your landlord had a legal duty to make your premises safe so as not to cause injuries or undue harm to you as a tenant. It appears your landlord wholly failed to abide by that legal duty. Under the circumstances, you have a right to be compensated for your medical bills, your out of pocket expenses for medications, crutches, etc., lost wages, and your pain and suffering.

Some injury claims, referred to as “soft tissue,” can be handled by the injured party without representation by an attorney. Soft tissue injury claims normally include sprains and strains to muscles and ligaments, minor bruising, and abrasions, and the like.

More serious, “hard injuries” such as broken bones, scarring, deep gashes, and the like must be pursued by an attorney. Hard injury claims are complex, and often require expert medical opinions, pre-trial discovery such as depositions and interrogatories, and even court appearances.

In your case, it’s advisable to contact an attorney before you further discuss the matter with the landlord or his insurance company.

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

Best of luck,

Published: February 21, 2014

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One thought on “Broken arm from falling in a hole in the floor of my rental home…

  1. After posting this a couple of months ago, I did seek help from a Lawyer. The Insurance adjuster was trying to force me to take $3,000 as a final settlement. My medical alone was more than that.

    While not being able to care for myself, the bathtub in the home has begun to slowly fall through the floor. I requested exactly 4 weeks ago, that someone come take a look and fix it..and like the floor..no one has shown up.

    Needless to say, for the safety to my family, we are moving this weekend. Thank You for responding. 🙂

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