Can I sue my landlord for falling down stairs that are a hazard?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue my landlord for falling down stairs that are a hazard?

I fell down the stairs and hit my head and back. I went to the hospital and had a bump on my head and contutions on my back with scratches. The stairs are decrepit and cracked concrete; they are step with no railing. Now my back neck and head hurts.

Asked on August 17, 2011 New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If the stairs were not maintained in a safe way, and the landlord should have been aware of the potential hazard (i.e. they were obviously cracked or slippery or etc.) and also the problem with the stair is what caused your fall--then you may have a legal claim or cause of action.

However, in a personal injury case, you can typically only recover for your out-of-pocket medical costs (i.e. not the portion picked up by insurance, medicare/caid, etc.), pain and suffering for significant, long lasting, or disabling injuries, or other out-of-pocket losses (e.g. lost wages, if  you couldn't work). If  you had little in the way of medical costs, didn't lose much wages, and are experiencing only moderate pain which should resolve soon, it's probably not worth suing; it's only worth suing if you suffer enough injury or costs to make it economically worthwhile.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption