Can landlord be sued iftheir negligence resulted in an injury to a tenant’s child?

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Can landlord be sued iftheir negligence resulted in an injury to a tenant’s child?

Landlord would not fix staircase which has been falling apart. Finally the rail broke off and swung causing child to fall onto a large chunk of the cement stairs which in turn broke off. This resulted in the child braking 2bones in her wrist and her having to have surgery. Should the family speak with a persona injury lawyer? In Marinette, WI.

Asked on April 3, 2011 under Personal Injury, Wisconsin

Answers:

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

Answered 10 years ago | Contributor

The landlord would be liable for negligence for failing to repair the staircase.  You should obtain the child's medical reports and medical bills when the child completes her medical treatment and is released by the doctor.  The medical reports will document the nature and extent of the child's injuries and will be used to determine the amount of compensation the child receives for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  Compensation for the medical bills is straight reimbursement.

You will need to be appointed guardian ad litem  on behalf of the child, to represent her interests..

The claim would consist of the medical reports and medical bills when presented to the landlord's insurance carrier.  If you are dissatisfied with settlement offers from the insurance carrier, you will need to file your lawsuit for negligence against the landlord on behalf of the child, prior to the expiration of the applicable statute of limitations or the child will lose her rights in the matter forever.  

It would be advisable to speak with a personal injury attorney.

 


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