Visitor Question

Knee Injury from Slipping on Dog Poop…

Submitted By: Kat (Yorkville, IL)

I was walking in my condo complex and didn’t see a pile of dog poop on the sidewalk. I slipped and fell on it, and injured my knee very badly. I have no health insurance and I do not know who’s dog pooped on the sidewalk. Can I sue the condo association for my medical bills?

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 Kat,

That’s a very good question.

We don’t get many “dog poop” questions.

The answer is “maybe”. That’s because there are several factors which will influence whether the apartment management or owners were negligent and therefore liable for your injuries and their related medical costs.

The apartment management and owners have a “duty of care” to their tenants and visitors to make the premises “habitable so as to permit those living or visiting there to enjoy safe passage.

If the apartment managers or owners were aware of more than just one dog poop on the premises and had received previous complaints they might be liable.

To determine how many complaints management had will be difficult to learn. They may only have to relinquish that information if they are sued and the record of complaints is subpoenaed.

The next problem you may run into is whether or not the apartment management had sufficient notice of the poop you are referring to. It is possible the dog may have pooped only minutes before your fall. If that was the case it would have been unreasonable to presume management could have known about the problem and had time to clean up the poop.

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: January 10, 2012

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