I was hurt on the property 2 months ago,where I had recently moved . Apartment was not ready when I moved in. Thus for 2 days of construction I tried to function outside in pool area. When carrying some stuff to my little area, I tripped on palm grown overwalkway. I fell hard sustained bad leg injury. I asked manager about the property insurance re covering the medical costs. She flipped out saying that they were not responsible and she gave me no info.Injury progressed into a major deal, costing me thousands in medical bills, with permanent affects from injury. All I had asked about was coverage for medical due to injury from a fall on their property. Are they responsible?

To be held responsible for an injury on the premises, the landlord or property manager must have been negligent in maintaining the property, and that negligence must have caused the injury. All of the following must be proven for a landlord to be held liable:

* It was the landlord's responsibility to maintain the portion of premises that caused the accident.
* The landlord failed to take reasonable steps to avert the accident.
* Fixing the problem (or at least giving adequate warnings) would not have been unreasonably expensive or difficult.
* A serious injury was the probable consequence of not fixing the problem (the accident was foreseeable).
* The landlord's failure -- his negligence -- caused the tenant's accident.
* The tenant was genuinely hurt.

For example, if a tenant falls and breaks his ankle on a broken front door step, the landlord will be liable if the tenant can show all of the following:

* It was the landlord's responsibility to maintain the steps (this would usually be the case, because the steps are part of the common area, which is the landlord's responsibility).
* The landlord failed to take reasonable measures to maintain the steps (for days or weeks, not if it had only been broken for minutes).
* A repair would have been easy or inexpensive (fixing a broken step is a minor job).
* The probable result of a broken step is a serious injury, and it was foreseeable (falling on a broken step is highly likely).
* The broken step caused the injury (the tenant must be able to prove that he fell on the step and that the step is where he broke his ankle).
* The tenant is really hurt (as in the case of a broken bone).

A tenant can file a personal injury lawsuit for medical bills, lost earnings, pain and other physical suffering, permanent physical disability and disfigurement, and emotional distress. A tenant can also sue for damage to personal property, such as a stereo or car, that results from faulty maintenance or unsafe conditions.

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Originally Posted by cheecharoni

R they responsible?

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Hello cheech:

I don't know. That's why they have trials. However, I'd certainly visit a personal injury lawyer.

excon

Yes, if things were just black and white ( although they should be) there would be no need for attorneys and trials, if you are the landlord, their attorney will tell them they can will, you go to an attorney and they will tell you that you can will, so you fight it out in court.

Also read your lease, since you were the tenant, not a vistor to the property, the law will address you differently than a visitor.

I am not sure where your accident occurred but here in New York where I practice personal injury law, the Landlord has the duty to maintain a safe place, free of hazards and defects for it's tenants. But here in New York a Claimant or Plaintiff (injured party) must prove the landlord had actual notice of the alleged defect. In other words the Plaintiff must prove the Landlord knew of the defect and after becoming aware of it had a reasonable time to remedy the defect and correct it. Proving notice often is a tough burden for the plaintiff. If the overgrown palm was open and obvious and had clearly been there a while making the pathway dangerous I would surely think the Landlord would be held liable. If you have any further questions please email me.

Lastly a consultation with an attorney of your state would be in order.

I would take pictures of the overgrown walkway.