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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101431
Experience:  Lawyer
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I have tenant the called and said she found a broken step,

Customer Question

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: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
Are you saying she fell the same day that she called you?
Customer: replied 2 years ago.
Yes, within a couple hours of the call.
Expert:  Debra replied 2 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.