need advice?

Question

we rent an apartment, last night my mom came to drop off some things and as she left she tripped over the curb i guess you would call it. it's those cement blocks you pull your car up to. anyway they are the same color as the pavement and she didn't see it because it was night time. She went to the er and doc told her she fractured her arm. my ? is...is my landlord responsible, cause we were told that the cement blocks should have been painted yellow. i just want to know if anyone knows the law on this. and i also don't want to get kicked out, we have been here 3 years and don't want to move until we build our house. thanks for your time.

Update:

thanks to all everyones of your answers were worth the ten points, we did call the landlord and he and my dad are going to work together with their insurance company's. thank you i guess i was worried for nothing. thanks again!

linda y · Accepted Answer

legally yes the land lord is responsible at least for the medical bills and he can not evict you because of the lawsuit  you are not responsible for her fall
the landord should have offered to pay medical but he will hire a lawyer and try to get out of it but he is responsible

KB · Answer

You should consult a personal injury lawyer. It could be the landlord's fault by not painting the block a visible color or providing adequate lighting in the parking lot. You can usually consult with a personal injury lawyer for free.

But your landlord might not be thrilled. Doubt he has a right to evict you over a lawsuit, you can ask the lawyer about repurcussions of filing a suit like this anyhow.

Stacy H · Answer

Yes it is your landlord's responsibility to make sure his property is safe and should have painted the curb or had proper lighting so that people could see the obstacle.  You cannot get kicked out if you have a legitimate complaint against him...that would just be retaliation and a judge would not allow it.  Good luck and hope your mom is okay.

Patches6 · Answer

Go to landlord and explain the situation because your mom incurred medical bills and it is the medical insurance that may want to get in touch with him.  If he is descent, he will offer to call the involved insurance because he created a liability that is fixable. To be in "good faith" with his insurance, he should paint the blocks yellow and add flags or whatever he can to make the area noticeable. It could also mean distrubiting flyers about the new painted blocks so everyone is aware; flyers should be posted on bulletin board or in laundry room....
Sorry to hear about your mom's injury...

Georges · Answer

Consult a personal injury attorney in your area.  They will probably do the initial consult for free, since they are paid on the eventual award.  They will be able to say what, if anything, the case is worth and how good you chances are to win.

If the suit is brought by your mother, there is no reason you should have to worry about losing your apartment.  The real questions are about whose property your mother was on at the time of the injury and whether she was negligent in any way.

Danelle · Answer

I would just call your office manager and tell him/her what has happened and suggest that they have maintenance paint the  blocks before someone else gets seriously hurt. The next time could end up in a law suit for having a  poorly maintained property. Good Luck =)

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