If I slipped outside my apartment inside the complex and fractured my humerus in my upper left arm, can I sue my landlord?

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If I slipped outside my apartment inside the complex and fractured my humerus in my upper left arm, can I sue my landlord?

The area where I fell is a walkway facing an atrium that is exposed to weather conditions. The walkway is painted cement and becomes very slippery when wet. Is this a premises liability issue?

Asked on April 28, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You most likely do not have a cause of action. Your landlord is not your insurer; he or she is only liable to the extent he or she did not remedy unsafe conditions. What is unsafe is judged by the standard of what a "reasonable" person would consider dangerous or not, and a good rule of thumb is that common and accepted materials or construction are not considered unreasonably dangerous. Painted cement is commonly used as a material for an outdoor walkway, patio, or recreational area; it would not be considered unreasonably dangerous, and the landlord would almost certainly not be liable for having a painted cement walkway.


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