Injury on Landlords property

[obie]

What is the name of your state (only U.S. law)? NY

I was renting a house from Jan-June, landlord put on a deck 3 ft high, but never finished it , left railing and stairs not complete. I asked him several times to complete. In May I fell from porch and twisted knee, pain never went away and when I went to the doctor for the 2nd time for this injury it turns out I have tendon and nerve damage in my knee, and back. Do I have a case?

 

[You Are Guilty]

If you fell off the porch, what does the presence of a deck have to do with anything?

Anyway, how/why did you fall off the porch?

 

[obie]

If you fell off the porch, what does the presence of a deck have to do with anything?

Anyway, how/why did you fall off the porch?

A deck and porch are the same to me, I meant to say deck both times. The deck was complete on one side, and I was cleaning and sweeping when I backed up a little to much and lost my balance.

 

[You Are Guilty]

If the area you fell from had no railings, then you might be able to interest a local PI attorney to look into your claim further. Generally, if railings were required (by law, that is) and the LL failed to have them, that's "automatic negligence".

Have you notified your LL of the fall yet? You never know - he might be the 1 in a 100 that has insurance for this type of thing.

 

[ecmst12]

If he has proper landlord insurance, he'll be covered. If he has ordinary homeowners, probably not because he wasn't insured to have a tenant there in the first place.