If I fell downstairs and twisted ankle on my landlord’s property, what rights do I have since the stairs were wet from rain and were slippery?
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If I fell downstairs and twisted ankle on my landlord’s property, what rights do I have since the stairs were wet from rain and were slippery?
I did not call ambulance but 9 hours later foot extremely painful. I have job that requires constant standing.
Asked on September 4, 2015 under Personal Injury, Wisconsin
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You should notify your landlord in writing of your injury. You will need to document your injury by receiving medical treatment. Without medical treatment, you won't have any case.
Prior to filing a lawsuit, it may be possible to settle the case with the landlord's insurance carrier.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of wage loss. Your personal injury claim filed with the landlord's insurance carrier should include these items.
Compensation for the medical bills is straight reimbursement.
The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.
Compensation for wage loss is straight reimbursement.
If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file a lawsuit based on premises liability against the landlord.
If the case is NOT settled with the landlord's insurance carrier, your lawsuit against the landlord for premises liability must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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