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What to do if my daughter slipped on some green algae growing on the rear deck of the home I’m rentingand now she has a bulging disc?

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What to do if my daughter slipped on some green algae growing on the rear deck of the home I’m rentingand now she has a bulging disc?

Asked on March 11, 2012 under Personal Injury, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You probably have no recourse against the homeowner or landlord. When you are renting an entire home, including a deck, the landlord generally is not responsible for basic cleaning--that is usually the renter's responsibility. That would make you, not the owner, responsible for not cleaning up the algae.

Even if the owner were responsible for this, he or she would only be liable if he or she had been at fault in not cleaning up the algae. That would require that the owner have been aware of the algae--which he or she would probably not have been, unless you told the owner; and also that it would be considered unreasonable (e.g. potentially dangerous) to have not cleaned up it.

Considered altogether, the above makes it unlikely you could hold the owner responsible. However, that said, every situation is different, and the specific facts are critical. For a more dispositive determination, you should consult with a personal injury attorney. Good luck.


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