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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We are renting a house for 2,5 years. Couple days ago I fall

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We are renting a house for 2,5 years. Couple days ago I fall downstairs and sprained my neck muscle. Stairs has 16 steps, I am left handed and left side doesn't have rail to hold on. Should I get any compensation from insurance.
Thank you for your question. Please permit me to assist you with your cncerns.

I am very sorry to hear that you were injured. What caused the injury exactly? How did you fall? By 'insurance' you mean the landlord's insurance or some other policy? Please advise!
Customer: replied 3 years ago.

I was going downstairs to check all doors to close before go to bed. I got dizzy and lost a balance. From landlord's insurance.

Thank you for your follow-up, Jeff.

In that situation I am not seeing how the landlord is responsible. Landlord would be responsible if a defect on the premises was somehow related or was the direct or 'intervening' cause to the injury. If you got dizzy on your own, that is not the landlord's doing, and therefore he is not responsible for the injury. What would govern here is what caused the damage, and it was not poorly maintained steps (for example), it would be the dizzy spell that you were subjected to. As a consequence the landlord is not in any way liable to you for the injuries in this instance.

Hope that helps.

Customer: replied 3 years ago.

And it's OK if no rail to hold on on the left side?


Thank you for your follow-up. That may be a code issue and something you would need to evaluate with code enforcement. If investigators find that the premises were not up to code then you could potentially claim that the other party was partially liable. but it would be up to you to prove and show that this was a violation under code and that it also directly contributed to your injuries.

Good luck.

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