Visitor Question

Slipped on unsafe stair mats…

Submitted By: E (Chicago, Illinois)

About a year ago, I slipped and fell at my child’s mother’s place. I slipped on unsafe stair mats. They were sliding on the steps and clearly unsafe (what my attorney said).

Keep In mind the mats belonged to the landlord and were left in place after my ex moved in. She told me the landlord told her to leave them there to cover the stairs temporary until she can fix the cracks. The lease also says she cannot move the mats without written consent.

I tore my shoulder out of its socket when I fell, and my ex immediately called the police and ambulance. They had to pick me up where I fell because it was so painful. I was rushed to the ER and they put my shoulder back in its socket, then referred me to an orthopedic doctor. After the MRI, the orthopedist suggested surgery was the only option.

The surgery was successful, but I was then dealing with post surgical pain. About 5 days after surgery, I was rushed to the hospital because I couldn’t breathe. I developed what is called a pulmonary embolism – 2 blood clots in each lung. They took me to intensive care for 8 days and I was put on heparin. I nearly died.

I was released on the medication xarelto and followed-up with physical therapy.

The liable party’s insurance company’s adjuster contacted me for a recorded statement, and I told him what happened. He asked what I would take to settle the case.

The adjuster offered $20,000. I declined because my medical expenses were over $125,000. I needed at least that much. After that, he told me that they weren’t liable because I declined the $20k. I gave them a week to give me at least the amount of my medical bills, but they didn’t, so I called an attorney.

Now my attorney is on my case and

he thinks it’s pretty strong. At this point, I’m wondering what will happen next? Will my case have to go to trial, or will the insurance company finally offer what my case is worth?

It’s been 9 months so far. The last time I spoke with my lawyer, he told me he was waiting for the rest of the medical records. I’m just wondering what’s happening with my case. Thanks for any general information you can give.

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 E,

It is our policy at Injury Claim Coach not to interfere with an attorney-client relationship. To do so would be entirely inappropriate. It is very important for you to follow the advice and counsel of your attorney. From what you have described, your attorney seems to be doing an excellent job on your case.

Generally speaking, landlords have a legal duty of care to do everything reasonably possible to assure the safety of their tenants, invitees, and licensees while on the property.

Invitees are persons on property to conduct business. Examples of invitees are mail carriers, landscapers, etc. Licensees are guests of landlords and tenants.

When, as a direct and proximate result of a landlord’s negligence, an invitee or licensee is injured, the landlord is generally liable for the injured person’s damages. Damages can include payment of medical, chiropractic or dental bills, out-of-pocket expenses, lost wages, and pain and suffering.

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 12, 2014

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