Visitor Question

Slip and Fall on Icy Steps…

Submitted By: Thresa (Henderson, KY)

I was coming out of my son’s apartment in Kentucky and I slipped and fell on the ice covered steps. I broke my toe. There are no rails on the steps.

Can I sue the landlord for my injuries and for any pain I suffered? Thanks.

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 Thresa,

Thresa:

Before starting the laborious process of a lawsuit it might be a good idea to go to the apartment manager’s office and present them with all the bills and receipts related to your injury. These will include doctors’ bills, parking receipts, medications, and even gasoline.

You should explain what happened, especially emphasizing the lack of rails. You should also let them know they should have salted or sanded the ice around your son’s apartment. If they had done so, the ice might have melted and you would not have been injured. After all, aren’t they supposed to “manage” the property. Management should include taking all reasonable steps to insure the safety of its tenants.

If you are successful getting them to pay your medical and related bills you will be ahead of the game. Getting them to pay extra for “pain and suffering” is another story. It is highly doubtful they will offer any money for pain and suffering. In theory even if they wanted to pay how would they know how much the pain and suffering is worth?

The most realistic outcome to this set of facts Thresa is that the apartment managers will not agree to pay anything. One reason for their denial is that doing so would invite a great number of future payouts to other people; That they would be setting a dangerous precedent. Once word gets out that management will pay claims for injuries they will be inundated with multiple claims from every person who had suffered any injury, whether real or imagined.

Regretfully, to have a realistic chance of ever being reimbursed for your actual damages and for pain and suffering you will ultimately have to file a lawsuit in Small Claims Court. There you can file your claim against the management and owners of the property. There a judge will decide if they are liable and should pay your actual damages (hospital bills, parking at the hospital, gasoline to drive there and back, and any medications you purchased) and for any additional amount for the pain and suffering you endured.

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 25, 2011

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