Is my landlord responsible for personal injury that resulted from ice on driveway?
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Is my landlord responsible for personal injury that resulted from ice on driveway?
While walking on driveway between my parked car and apartment, I
slipped and fell injuring my carpal wrist bone. X-rays were taken and
a splint was given at the walk-in clinic for possible fracture. Now I
am missing 5-7 days of work before the splint is removed for
evaluation and possibly longer splint or cast. I have renters
insurance. Should I file a claim first or is my landlord responsible
for personal injury due to not maintaining the driveway with sand,
etc.
Asked on January 31, 2018 under Personal Injury, Maine
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
The landlord is liable for your injury because you slipped and fell on the premises.
Obtain the landlord's insurance information. Notify that insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the landlord's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the setttlement offers and file a lawsuit based on premises liability against the landlord.
If the case is NOT settled, your lawsuit against the landlord must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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