Due to poor management of premises I took a very serious fall on cement stairs next to my storage locker. The landlord is clearly at fault, we had had a bad flood several days before and the landlord ordered us into the building to get everything we wanted to save out of our storage space or she would throw it in the dumpster.
Once she ordered us back, she had a duty of reasonable care, but she did absolutely nothing to make the premises safe. I walked down two small steps, then directly to the right was my storage space. It was getting dark and the landlord had no lights restored yet for our safety. I pulled the door open and I slipped on something I could not see when I came toward my storage space.
I slipped, fell backward and then fell forward as I tried to keep the handle for balance but then I fell forward, broke my nose, got turned onto my left side and hit cement stairs, broke my left ankle, injured left leg (bruises) and then as soon as I hit the stairs I could hear my ankle pop, but then I fell very hard onto my back against the edges of the cement stairs.
I was screaming in pain but no one else was around. It was at that time, on the ground that I saw the piles of wet mud swept over to the side of the door to the laundry room. Someone had just swished the laundry room floor, you could still see muddy lines on the floor but they did not remove it, just changed the accumulation. Isn’t this negligent management of premises?
I had already taken a severe fall on the landlord’s premises on ice, and I was in the hospital for two months. I had just gotten back to work, worked four days when a second injury happened. Since then I was in a leg cast and wheelchair for about 8 weeks, my left ankle has never been “Fixed” according to me because it just does not move when I want it to, I have to pick it up and move it.
Doctors advised me to move to a warmer climate to stop the spread of arthritis and it has helped but I am on Social Security Disability, I can only sit for about a half hour, I am on multiple-lifelong medications. I spend about 80% of my time in bed lying on my right side because it hurts too much to be moving around.
It is almost 2 and a half years and my landlord has continuously refused to give me the name of her homeowners and/or flood insurance companies. I filed a Complaint at Law to preserve the September 17th statute of limitations.
How can I get the information? Can an adjuster help me? I do not need a lawyer, I am an accountant making about $55,000 a year (12 times $55,000 = $660,000 in lost wages) I went from Turbo-Charged Type AAA personality to invalid. What can I do? Thank you for any help.
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.
For one, I must tell you that the description of your accident is interesting. Perhaps it is simply the way it has been described, but I would caution you when explaining this to others that it is hard to follow how a person would be on their face with a broken nose and then on their back moments later.
Secondly, you need medical bills to substantiate a claim for damages and it is not clear from your question what those medical bills are. In terms of the storage facility failing to give you the insurance information, here is what you need to do:
Personally serve the owner of the storage facility with the Complaint for damages that you filed in order to protect the statute of limitations. Most people with insurance will not simply sit on a summons and complaint, they have insurance for a reason.
Secondly, submit your demand letter directly to the storage company owner. Be advised however, that you will need to be able to link your injury to negligence on the part of the storage facility and your facts do not establish clear cut liability there.
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,
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