What to do if my landlord put new slate flooring in but I didn’t realize how uneven it was until I started moving in?

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What to do if my landlord put new slate flooring in but I didn’t realize how uneven it was until I started moving in?

New lease. Tile is 1/4 higher in numerous areas from the tile next to it. What happens if I or someone else trip/fall on the uneven floor? Do I have any recourse?

Asked on November 22, 2011 under Real Estate Law, Florida

Answers:

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

Answered 9 years ago | Contributor

It would be advisable to notify the landlord about the uneven tile for the landlord to correct the problem.

If you were to slip and/or fall, the landlord as the owner of the property would be liable for your injury.  You would then file a personal injury claim with the landlord's insurance carrier.  Your personal injury claim would include compensation for the medical bills, compensation for pain and suffering and compensation for wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  You would not file your personal injury claim until you had completed your medical treatment and were released by the doctor or were declared by the doctor to be permanent and stationary which means having reached a point where no further improvement is anticipated.  If the case is settled with the insurance company, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance company, you would need to file your lawsuit for negligence against the landlord prior to the expiration of the applicable statute of limitations or you would lose your rights forever in the matter.

The same would apply to a guest who slipped and fell.  The landlord would be liable for the guest's injuries and the guest would follow the above procedures for filing a personal injury claim.


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