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insearchoftheanswer
insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 54021
Experience:  Lawyer; developer/owner of RE developments.
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I previously made my landlord aware that two or more of the

Customer Question

I previously made my landlord aware that two or more of the steps leading up to my second-floor apartment are loose. Should I happen to fall and injure myself as a result of these steps caving in while walking down them. Can I sue for medical expenses and/or lost wages as a result of my injuries?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 8 months ago.
Good morning. My name is ***** ***** I look forward to helping you. Once the landlord is on notice of a dangerous condition, then the landlord has a duty to repair that condition. If the landlord is on notice and fails to remediate the situation, then the landlord is not going to raise the defense that the landlord did not know about this. This not only gives someone injured due to this condition a cause of action for negligence, it raises the stakes by elevating a prospective claim from negligence to gross negligence which would entitle an injured party not only to actual damages, but also punitive damages due to what would be deemed to be reckless or intentional bad faith due to the landlord's knowledge and failure to repair. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!
Customer: replied 8 months ago.
Am I needing documentation of this notification ? was via text message I contacted AT&T and they told me that they were unable to provide a transcript of our text message communication.
Expert:  insearchoftheanswer replied 8 months ago.
Thanks for following up. If you didn't save the text that you sent, I would suggest you deliver notice either by email or in writing by certified letter or independent courier so you have proof it was sent and when.
Customer: replied 8 months ago.
Let's say the injury happens just days after him receiving the written notice certified mail or email. Will my claim be justifiable if he claims he didn't have ample opportunity to make the repair. This was over six months ago that I made him aware of this via text message.
Expert:  insearchoftheanswer replied 8 months ago.
In that case it will be up to the jury. The higher the risk of injury, the more urgent is the landlord's requirement to fix. In your written notice, I would include the fact that you are following up on the text that you sent them 6 months ago informing of this problem that has yet to be fixed.

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