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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 96446
Experience:  Lawyer
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My wife slipped and fell on the side walk of our apartment

Customer Question

My wife slipped and fell on the side walk of our apartment complex 3 weeks ago. There was freezing rain during the night but we left for work together at 8:15 am, plenty of time for the side walks and parking lots to be cleared and salted. She was wearing proper boots but I held her arm as we walked. Unfortunately I was unable to catch her when she slipped and it resulted in her breaking her wrist, requiring a cast. She had informed the property manager later that day through e-mail and asked if the landlord had any policy for compensation. She did not want to take a litigious route. The response was to ask her what she proposed they should do. She responded that it should not be up t her to ask and that in all good faith the landlord should state their position first. She lost 3 days of work and also lost an opportunity to become the permanent manager at her company. The company had mad her interim manager when the previous one resigned. She was in the midst of a process of vying for the position but because she was absent and because the company needed a manager asap, the outsourced and hired someone new. In addition to that the pain and suffering she is still going through has caused her to be less effective in her job and she is losing sleep every night. After the first response she got from the property manager she has sent numerous emails asking what they planned to do. Finally I decided to write an e-mail as the primary lease holder and state that until we got a response either way, I would withhold my lease payments. I'm concerned that I may not have the right to do that. We enjoy our apartment and have been well treated here hence the reason we do not wish to take a litigious route. However it has been three weeks and we have not head a word from them.
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.

If you do not pay rent you will be evicted. That is not the appropriate method to deal with this. The most appropriate way for your wife to get the highest settlement offer is for her to retain a personal injury lawyer who will send a letter to the landlord demanding compensation by a deadline and threatening a lawsuit.

The landlord will then put this on to the insurance company and the insurance company and your wife's lawyer can negotiate a settlement.

Let me know if you need any further clarification.

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