Visitor Question

Slip and Fall on Rented Property…

Submitted By: Debra (Montrose, CO)

I fell off a step in the property I rented and broke my wrist. I’m the 2nd person to rent this home and fall from the same steps. I’ve had the steps inspected by the chief building inspector and they are not up to code.

I was denied by the homeowners insurance at first, then they sent an adjuster to look at the step. Then I received a second letter of denial.

I’m not able to return to my work and when I do return I won’t be able to do the job as I did before this injury. What can I do?

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 Debra,

Anytime the insurance company denies your claim for damages, you have the right and the option to file a law suit provided you are within the statute of limitations.

There are some things to think about, however:

For one, if this is government housing, you will need to first submit an administrative claim form that is provided by the State (if a state program) and the Federal Government (if a federal program such as HUD).

If this is not government housing, you can file a case in the superior court of the county in which you reside and have the owner of your home personally served. Therefore, even though the insured has denied that they are at fault, you can still have this issue reviewed in a court of law.

Any attorney who believes your case is viable would take it on a contingency basis meaning that they would not collect money from you upfront, but rather wait until the case settled.

This brings me to another consideration: Do you have medical expenses? The value of the case is directly related to your expenses, so if you do NOT have any or they are very minimal, you will have a hard time finding someone to take the case. This does not mean you cannot handle it on your own, however.

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: October 27, 2010

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