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I have tenant the called and said she found a broken step,

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I said ok I'll be...
I have tenant the called and said she found a broken step, I said ok I'll be there to fix it later today. She then continued to use the step knowing that it's broken and broke her foot and now wants to sue, does she have a case?
Submitted: 3 years ago.Category: Canada Law
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Answered in 5 minutes by:
5/22/2015
Lawyer: Debra, Lawyer replied 3 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,045
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Are you saying she fell the same day that she called you?
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Customer reply replied 3 years ago
Yes, within a couple hours of the call.
Lawyer: Debra, Lawyer replied 3 years ago
She likely does not have a case. She really is the author of her own misfortune. Had she fallen in a few days that would have been different.But when she reported this to you, you said you would make the repair that day. She didn't give you a chance but took the risk of using the step.At the worst case for you the court would say she is partially to blame. If there is evidence that you've neglected these stairs then it is possible the court would say you are both to blame.
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