If you have fallen down the stairs, you may be able to take legal action to obtain compensation. Your claim will arise under premises liability laws and you will need to show that the defendant failed to fulfill an obligation to maintain the property in a reasonably safe manner. You will need to demonstrate that this failure was the direct cause of your injuries.
One of the complicated issues that can arise after a fall down the steps is the question of who you should pursue a claim for compensation against. For example, if you fall down your neighbor’s steps and your neighbor lives in a rental property, you will need to determine whether to sue the neighbor or to sue the landlord who owns the home. Bennett | Michael | Hornsby, Attorneys at Law can provide you with advice on who to file a lawsuit against. Call today to schedule a free consultation with a Murfreesboro, TN personal injury lawyer who can help.
Taking Legal Action After a Fall Down the Steps
The owner of a property generally has responsible for maintaining the space before guests come over. However, if the property is rented, then the renter may have some obligations as well. A question is whether the steps were in the tenant’s unit or whether they were in common areas. If the steps were in a common area, such as lobby steps or staircases leading up to apartments, then the landlord is responsible for any failure to maintain the space that resulted in a fall. If the steps are in an individual renter’s unit, however, then the issue of liability becomes more complicated.
If the problem is with the structure of the steps and the issue has been reported to the landlord but not fixed, then the landlord once again would be held accountable for a failure to correct the problem. However, if the tenant failed to alert the landlord to a safety hazard on the steps, then it would be the tenant who was to blame. Likewise, if the tenant created the dangerous conditions- such as by leaving debris on the staircase- then the tenant would be at fault.
When you take legal action against a tenant who lives in an apartment, hopefully there is a renter’s insurance policy in place. This means that your neighbor will not actually have to personally come up with the money to pay for your damages and losses even if you sue the neighbor after you fall down the steps. The renter’s insurer will be the one negotiating the settlement with you and will be the one to pay for damages, up to policy limits. You should never hesitate to take legal action even if you get hurt in a friend’s home, since paying for losses is what insurance is for.
Bennett | Michael | Hornsby, Attorneys at Law can help you with a personal injury or wrongful death claim after a fall down the steps harms you or a loved one. Call today to schedule a free consultation and learn more about how an attorney can help.