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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 30905
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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How are you today?. my name is anita, and I really need to

Customer Question

hello, how are you today?. my name is ***** ***** I really need to know my rights as far as I fell down the stairs at my apartment building, I have talked with the owner when deck was 1st builded between oct and dec 2015. telling him that the pvc pipe that was used was not steady enough and that they need to put down some grip strips on the steps. well when I feel, the pvc pipe was no safety, because it gave and cracked, and the steps was slippery as always. it had been snowing that morning as well as raining, but there was no ice on step nor was they wet. I would like to know, as a tenant, what rights do I have?
Submitted: 7 months ago.
Category: Real Estate Law
Expert:  Roger replied 7 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Expert:  Roger replied 7 months ago.

In premises liability situations, the main issue is whether or not the property owner knew or should have known of a dangerous condition that caused the fall......then the next question is whether the injured person knew or should have known of the risk or danger.

Expert:  Roger replied 7 months ago.

The answer to those questions generally determines liability. So, in your case, if the landlord knew there was a danger and didn't do anything to fix/remedy the issue, then you could have a claim for negligence/premises liability. But, you'd also need to show that there was little or no chance that you should have known that you would be injured if you proceeded.

Expert:  Roger replied 7 months ago.

Sometimes, courts will apportion fault to both parties and you can recover the percentage that the court/jury finds was caused by the other party.

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