Is my landlord responsible for personal injury that resulted from ice on driveway?

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Is my landlord responsible for personal injury that resulted from ice on driveway?

While walking on driveway between my parked car and apartment, I
slipped and fell injuring my carpal wrist bone. X-rays were taken and
a splint was given at the walk-in clinic for possible fracture. Now I
am missing 5-7 days of work before the splint is removed for
evaluation and possibly longer splint or cast. I have renters
insurance. Should I file a claim first or is my landlord responsible
for personal injury due to not maintaining the driveway with sand,
etc.

Asked on January 31, 2018 under Personal Injury, Maine

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The landlord is liable for your injury because you slipped and fell on the premises.
Obtain the landlord's insurance information.  Notify that insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your claim filed with the landlord's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the setttlement offers and file a lawsuit based on premises liability against the landlord.
If the case is NOT settled, your lawsuit against the landlord must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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