If I rent an apartment and fell down ice covered front steps and was injured, do I have a case?

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If I rent an apartment and fell down ice covered front steps and was injured, do I have a case?

Broke my lower leg in 2 places.

Asked on March 16, 2011 under Personal Injury, New York

Answers:

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

Answered 10 years ago | Contributor

You may have a claim for negligence against the landlord/owner of the property for failing to keep the steps clear of ice.  When you complete your medical treatment and are released by the doctor, obtain your medical bills and medical reports.  The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  You should file your personal injury claim with the insurance carrier for the landlord/owner of the property.  Your claim should include the medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills and wage loss is straight reimbursement.  If you are dissatisfied with settlement offers from the insurance carrier, you can file a lawsuit for negligence against the landlord/owner of the property.  If the case is not settled with the insurance carrier, you will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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