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 Posted: Wed Oct 08, 2008 6:09 pm Post subject: Can someone tell me if |
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| Can someone tell me if my landlord and his Insurance Company are liable for my broken ankle that occurred on his property due to an unsafe sidewalk that I fell on? |
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Mechelle
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| Posted: Wed Oct 08, 2008 7:04 pm Post subject: |
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| Not with that limited information. Who is responsible for the maintence of the sidewalk? What made the sidewalk "unsafe"? What exactly happen with your fall (how/way did you fall)? |
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tcope
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| Posted: Wed Oct 08, 2008 8:10 pm Post subject: |
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| Quote: | | due to an unsafe sidewalk that I fell on? |
Define 'unsafe' how many times had you and everyone else walked on the unsafe walk? when do you and/or anyone else report these unsafe conditions to the landlord? How long ago did you fall? how quickly after you fell did you report it to the landlord? when and what did he do to correct the situation? Who else has fallen on the walk? ever?
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Lori
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| Posted: Wed Oct 08, 2008 10:45 pm Post subject: |
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Now is the building owned by anyone else? If so then it would be there responsibility for the upkeep of the location.
In this case I would give your landlord a call as well as take pictures of the place of the accident
as well as keep any medical bills and any other paperwork associated with the incident |
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FarmAHam
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| Posted: Thu Oct 09, 2008 11:21 am Post subject: |
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| Lori, why does it matter how many times you or someone else walked on it? Is it because if you were aware of the problem and continued to use the sidewalk then you are at fault also? |
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fireyone
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| Posted: Thu Oct 09, 2008 11:29 am Post subject: |
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| Quote: | | Lori, why does it matter how many times you or someone else walked on it? Is it because if you were aware of the problem and continued to use the sidewalk then you are at fault also? |
well yes it could...if you walk daily on something and don't think its bad enough to report, then the 1000th time you walk on it you fall, i mean just 'how' dangerous was it?
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Thu Oct 09, 2008 11:44 am Post subject: |
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| Thats what I was thinking. I mean you see these types of sidewalks everywhere...especially outside businesses. So if they were always afraid of being sued they would have them fixed. |
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fireyone
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| Posted: Sun Oct 19, 2008 6:07 am Post subject: Forgot to mention that....... |
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I was carrying my 2 year old son in to my apt. and there is not the correct lighting. It was very dark. The next day, my landlord sent me a freakin fruit basket! Then to follow, his secretary wanting to take pictures of my foot????????? He also told me that he was not concerned with me paying the rent the month of my injury due to the fact it was on his property and it should have been and piece he should have replaced along time ago. He then sent his maintenance guy to spray paint the area with bright yellow spray paint. lol The next day after I told him I was getting an attorney he had his guy bust out that part of the concrete sidewalk. I am so frustrated and I am contemplating on pursuit of this incident. Any Ideas??
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Michelle
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| Posted: Sun Oct 19, 2008 10:01 am Post subject: |
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Hope you took pictures of all this...yes, your landlords insurance company should accept liability for this and you are due both medpay (if tenants aren't excluded) and a bodily injury settlement...be sure when you give them your statement you remember the fruit basket and offer of no rent....and also what the maintence man did...
Ask him the name of his insurance company and call and file a claim...
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"Never, never be afraid to do what's right, especially if the well being of a person or animal is at stake. Society's punishments are small compared to the wounds we inflict on our soul when we look the other way." Martin Luther King Jr. |
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Lori
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| Posted: Sun Oct 19, 2008 11:24 pm Post subject: |
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| Sounds like he is a little afraid of a law suit. I agree with Lori get pictures and make sure all your facts are straight. He should give you all his insurance info. |
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fireyone
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