If I slipped and broke myshoulder because my landlord neglected to shovel snow and salt the ice, ishe liable?

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If I slipped and broke myshoulder because my landlord neglected to shovel snow and salt the ice, ishe liable?

Asked on January 25, 2012 under Personal Injury, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The landlord may be landlord. Liability will depend on two factors:

1) Was the landlord at fault in some way? For example, did the snowfall just occur, so he/she had no opportunity to shovel, salt, etc.? In that situation, there would generally not be fault; on the other hand, if there was opportunity to deal with the situation and the landlord failed to do so, he/she could be liable.

2) Is the landlord resposible for the shoveling? If it's a multi-family/mult-unit dwelling, he or she probably is; but if you leased the entirety of a single family home, then you, not the landlord, would most likely be responsible for shoveling (unless the lease said otherwise), since you are the one with possession and control over the outside areas.


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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