Visitor Question

Slick ice on stairs causes fall…

Submitted By: Annah (NV)

I walked out of my apartments stairs and fell down a series of four stairs due to slick ice. I happen to notice that the rain gutters were dripping water down onto the stairs, causing it to freeze over night. No salt had been put down on the steps.

The next day I went to the doctor after calling my apartment complex and filing an incident report. I was told that the maintenance man had been in the hospital for the past week, which is why the stairs had not been salted. After going to the doctor and undergoing an x-ray, I was told that I pulled the tendons in my foot. They stated that there is the possibility of a hairline fracture that the x-ray could not pick up, due to the immense swelling and bruising.

I’m experiencing extreme pain in my back, so I will be undergoing an MRI soon. My question is this, are the apartments liable for this? I do not want to be stuck with all these medical bills due to no fault of my own. Do I have any type of case, in accordance with premises liability? I was put in a boot, and have missed two days of work. Any info would be greatly appreciated. Thank you in advance!

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 Annah,

From the facts you present you have a very strong claim against the apartment complex. You are “right on the money” when you refer to Premises Liability. Premises Liability is the controlling law when persons, legally on property, are injured. In your case, the landlord should be liable. If though, the landlord was not the owner of the property, you will need to find the owner and file your claim against the land owner’s insurance company.

At this point you would be best served by furthering your medical treatment. You have plenty of time to file your claim. The statute of limitations for filing a personal injury claim in the State of Nevada is two (2) years. If your injuries are confined to strained or sprained tendons, you may not need an attorney, and should be able to handle the claim on your own.

If though, your injuries turn out to be hairline fractures of your foot, you would be best served by retaining a personal injury attorney. In serious injury claims, attorneys are often able to settle claims for much more than a victim could on his or her own.

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: December 21, 2013

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