Anonymous
Anonymous asked in HealthGeneral Health CareInjuries · 2 months ago

Is my apartment complex liable for personal injury?

I fell at my apartment complex on slippery concrete at the base of the staircase I was coming down. There is a different type of concrete at this specific area that's not like the rest of the complex. When it's wet, it's extremely slippery and I've had a couple of close calls but one day I finally fell, close to midnight while walking my dogs. The lighting obviously wasn't great so being able to see where to step safely is harder, if even possible. 

I stopped physical activity and took care of the massive gash in my right knee before going to a primary care doctor, then physical therapy, and now an orthopedist. I have a possible meniscus tear and grade 3 MCL sprain, which I will find out soon if surgery is in my future.Is my apartment complex responsible for my injury, even if I've never personally reached out about this concrete situation? I know I have at least one other person that can attest to the fact that this specific area becomes slippery rather easily and many people have probably had some trouble.

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  • 2 months ago

    No, they are not liable, bcuz your landlord wasn't notified of the problem.  Negligence does not apply unless there's an obvious hazard or obstruction. And by saying the surface was only slippery when wet, that essentially shifts the burden of caution onto you (bcuz all surfaces are more dangerous when wet.) Your lease has a liability clause which releases the property owner from indemnity. You could pay a lawyer to file a claim against them, but there's no guarantee you'd win such a case. And you'd almost certainly lose your tenancy.

  • 2 months ago

    Maybe.  It's something you need to hire an attorney to look into.  The person or company that owns the complex should have liability insurance. It may come down to a question of negligence.  Was the owner or site manager aware (or would it be reasonable for them to know) that there was a dangerous condition?  Did they ignore a known problem or was reasonable accommodation made for safety?)

    https://injury.findlaw.com/accident-injury-law/pro...

  • 2 months ago

    You can try, you can contact them; then  you can get a personal injury lawyer, you should also plan on the possibility of not having your lease renewed thinking ahead, or your rent increased. The issue will be proving you fell there; not that someone else finds it slippery as well.

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