Visitor Question

Sprained Back from Fall in my Apartment…

Submitted By: Brandi (Macon, Georgia)

My sock caught on a nail that was sticking out of the stairs in my apartment, causing me to fall and sprain my back. I previously reported that the nails were coming up out of the stairs in my apartment to office management (more than once), but nothing was done and it resulted in me suffering an injury.

How much of a settlement can I expect if I sue?

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 Brandi,

Brandi:

It is frustrating to be ignored by management, especially when reporting an on-premises danger. Hopefully you have some record of your notifications to management. If you sent them letters that would be best. Even having made written notations of the days and times you called them would be sufficient.

To be successful in a lawsuit you must be able to show the court evidence of your actual medical or other monetary damages which are a direct and proximate result of the fall.

Although the maximum amount you can sue for in Small Claims Court in most states is $5,000, to prevail you must be able to prove not only that you fell due to the negligence of the management and owner of the property, but that the fall caused you specific and identifiable injuries.

Once you are able to show the court that evidence then you will have to show the bills you incurred for medical, chiropractic or other treatment. Without these things regrettably you will probably not have a much of a case.

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 28, 2011

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