My girlfriend fell down the stairs at our home on ice, the landlord has a person plow and sand the walkway and stairs and due to stairs not being sanded, can we sue for damages and for payment of hospital bills and pain and suffering.

If the girlfriend is a tenant there, no, you have some liablity to keep it clean also.

If she is not a tenant living there she can sue him and you both.

Hello s:

There's a LOT more to this story... And the things you're NOT saying, have a LOT to do with whether you can sue SUCCESSFULLY, or not. Of course, anybody can sue anybody for any reason. WINNING, however, is another matter.

I'd visit a couple accident attorney's. If THEY think you have a case, and THEY are willing to take your case on a contingency basis (meaning you don't pay unless you win), then I'd go for it.

excon

Slippery conditions due to weather are an act of god. However, a property owner has an obligation to clear suchg conditions. So what you need to show is that the landlord was negligent in taking care of those conditions. To be considered negligent the landlord would have had some time to act on the condition. So if the slip occurred during or immediately after storm, there may not have been any negligence.

Since this is a psersonal injury case I'm sure you can find lawyers who give you a free consult.

my girlfriend fell down the stairs at our home on ice, the landlord has a person plow and sand the walkway and stairs and due to stairs not being sanded, can we sue for damages and for payment of hospital bills and pain and suffering.



I investigate slip and falls all the time, almost always for the Plaintiff so I know what everyone is looking at in a potential case like this one.

I don't know where you are but here's how it works in NY.

How long did the condition exist? The landlord/plow person have a responsibility to clear the area in a timely fashion but they are not expected to keep the area clear at all times, which is impossible in areas which have severe weather. It melts, it freezes, it melts and so forth. What is the "usual" in your area?

What caused the slippery condition? Leaking gutters? Normal snow and melting?

Have the stairs been slippery before? Did your girlfriend use due caution? If you were aware of a potentially dangerous condition did you salt/sand the stairs for your own (and her) safety?

Are the stairs in compliance with local codes?

If the slippery condition has happened before, did you put your landlord on notice?

What type of footwear did she have on? Boots, sneakers?

You can certainly sue anybody for anything. A responsible landlord carries insurance. Have you notified the landlord and ask that the claim be turned over to that insurance company? Suing should be the last resort.

And the final argument always is that you live in, say, Detroit. Detroit winters are notoriously bad. Areas are slippery. There is a different standard applied to the injured person than, say, someone who falls on icy stairs in Florida.

- and people actually pay me money for this kind of advice.