Can I sue if I live in an apartment complex and have slipped twice on ice in the parking lot due to their failure to properly salt/de-ice?

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Can I sue if I live in an apartment complex and have slipped twice on ice in the parking lot due to their failure to properly salt/de-ice?

One time I twisted my back and needed medical care and was in a lot of pain. This time I hurt my wrist and ankle. Do I have a legal case against them? A couple of years ago my old roommate slipped as well and ended up in the ER.

Asked on February 18, 2015 under Personal Injury, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The issue is whether under the  circumstances their failure to salt or de-ice was reasonable or not. If the snow/sleet/etc. was still falling, for example, or had only just stopped falling, it would not be unreasonable to have not de-iced yet. Or if you fell in an area where people are not expected to walk, it would not be unreasonable to have not de-iced. On the other hand, if you slipped in a spot where people are expected to walk and there was enough time to have de-iced the area, then in that case, they may be liable to you.


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