Visitor Question

Slipped Down Stairs as a Tenant…

Submitted By: Amy (Roseville, CA)

I was a tenant in a 2 story home and slipped on 1/1/12. The stairs are carpeted and I was wearing socks. I fell and hit my mid-back on one of the carpeted stairs. Since then, I have missed work, racked up numerous doctor bills, x-ray/MRI bills and chiropractic bills.

The next day after the fall, the landlord notified us that he hasn’t been paying his mortgage and we had to move by 2/1/12. We moved 2/3/12 and I wasn’t able to help at all. I am still experiencing severe pain and I am continuing to see my doctor due to this incident. This occurred in Roseville, CA.

Can I sue the landlord after I have moved out? Will my landlord not paying the mortgage prohibit me from collecting any injury compensation from him? 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 Amy,

You are in a precarious position. You can sue the landlord, but if he hadn’t been able to pay his mortgage it is doubtful he is solvent enough to pay any court judgment.

You don’t have a legal claim against the new landlord. Inasmuch as you have moved out of the residence the landlord has no duty to protect you.

If you had sued the previous landlord prior to the sale to the new landlord and had received a court judgment against her, there would exist a possibility the judgment would pass on to the new landlord.

Often, when sales of real estate take place, any outstanding judgments are either passed on to the new landlord or extinguished (paid off) prior to the transfer of title.

In your case you don’t have the benefit of either circumstance. Unless you have private insurance you may not be able to receive compensation or reimbursement for your injuries.

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: March 2, 2012

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