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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 27201
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I live on the 3fl and I have to walk down four fights or stairs.

Customer Question

I live on the 3fl and I have to walk down four fights or stairs. On the four stairs case I slip and fell on some thing down the stairs and broke my right ankles. I'm going thought pain and going back and followers to the doctors and I'm getting ready to go in for surgery. I have ask about this and was told I have no case for I do not know what I have slip or what cost me to fall . So this person get away with what happen to me. where is the justice in this. I tell the true and still get screwed. I set here get my daughter can go up and down the stairs with out help can wash myself good. I guess if I had lie ,they I guess I"ll get some justice for my pain and what I am going though. What can you tell me. I have sent picture or the stairs, told the true and there nothing anyone can do. There was no super around on Sunday . Can you what wrong with this picture.

Thank you,
Ms. J Jones
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney. Thanks for your question, and I'll try to help you out with this.

The main thing you must remember is that - - under the law - - the building owner is not required to INSURE or GUARANTEE your safety while on the premises. Instead, the building owner is required to make the property as safe as possible and to warn of any KNOWN conditions or dangerous elements that aren't open and obvious.

Thus, in order for the building owner to be held legally liable, you would have to be able to prove that the cause of your fall was a result of improper maintenance of the stairs, a loose board, a concealed condition, a condition that was not open and obvious, etc. that would point the finger at the building owner.

If you can't prove that the building owner caused you to fall by either faulty maintenance or a concealed condition, then there is no way to hold the building owner responsible. There is no liability just because the accident happened. However, if you can show or prove the cause of the accident, then you would have a legitimate claim.
Roger, Attorney
Satisfied Customers: 27201
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 3 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.


So in other word I am screwed. I just have to suffer. You get hurt on some one property and there is nothing or any thing or any one that can help you in any way or form. Who is the system set up for. where is the justice in this. I understand some what, why some say you have to lie to get justice .But I can not and will not being myself or want to do any thing like that for I belong to XXXXX who is my saver. I'm just another one to be step on.


 


Ms.JJones

Expert:  Roger replied 1 year ago.
These type of slip and fall cases are known as "banana peel" cases in law school. The reason is that you can generally measure a property owner's liability like the darkening of a banana peel.

For instance, if there was a green or yellow banana peel on the floor and someone slipped on it, it is VERY unlikely that the property owner knew of the danger and that there was a need to remedy the situation. However, if a person slips on a brown, gritty banana peel, it is VERY likely that the peel has been there for quite some time and that the owner knew or should have known that a danger existed and that there was time to remedy the issue.

So, if you can find out what caused your fall, and if it was a danger that the owner knew or should have known about, or if it was a concealed danger that the owner knew or should have known of, you would have a claim.

However, if there was no apparent danger, and if the owner was not on any notice of a danger, it is very unlikely that liability would exist.

A property owner is not automatically liable just because someone gets hurt or injured on their property. As I said earlier, a property owner is not an insurer of one's safety. Instead, a property owner is liable only if he knew or should have known of the dangerous condition.
Customer: replied 1 year ago.

Thank for answering back. I do understand about the banana peel. I do hold on to the railing every time for I have fair of falling down the step. Sunday I was holding on, and I slip on for the step do be slippery something and went down the stairs. like now today, my daughter just came in and told me this a glob of spit on the step. I know I slip on something for my legs went from under me so fast my hand came off and I went down. My daughter took a picture where I was on the ground and where I lay was a piece plastic after the ambulance persons took me up. I am not mad get you in any way that not of God. I do try my best to understand the justice system and keep asking myself. Why there is no justice for them that tell the true. On that same day my grandson 7yrs old slip, thank God his step dad was with him and grab him.Who went out may be a two hours be for me.


 


Thank you.


 


Ms. J Jones

Expert:  Roger replied 1 year ago.
I understand your frustration, and I frankly agree with you more than I do the law - - but the law is what we all have to follow......

I do appreciate you not shooting the messenger.
Customer: replied 1 year ago.


Thank you for your help and for not shooting the messenger, That some thing I'll never do or think of. I would LOVE the messenger in Jesus name for that is what he want us to do. Mr. Adams Thank you again.


 


 


Jesus is LOVE


 


Ms. J Jones

Expert:  Roger replied 1 year ago.
Glad to help and God Bless!

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Roger
Roger
Litigation Attorney
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BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters