Can you sue your apartment complex for slip and falls?
Many people choose to live in apartment complexes or condominiums for the comfort and security they offer. Therefore, management is expected to perform maintenance to keep common areas and shared spaces safe. If you cannot fix the problems that occur, you should at least be aware of notifying the inhabitants. But what happens when we have an accident inside the complex? Can you sue your apartment complex for slip and falls? In this post we will answer this and other questions on the subject.
When can you sue your apartment complex for slip and falls
The first thing to know about slip and fall cases is that they are not easy to prove. This is so because the liability or negligence of the owner or manager must be shown in order to obtain a favorable case. To achieve this, several points must be able to be safely established. First of all, that the complex manager is responsible for ensuring the safety of the place. Secondly, that you have not fulfilled this duty effectively, you have made some mistake, forgetfulness or negligence. Third, that you have been injured at that location. And lastly, that the damage, whether physical or psychological, is a consequence of the fault committed by the administrator.
As you can see, there are several points to take into account, and there could be a problem in any link. For example, it is virtually impossible to win such a claim if you have not been injured. But even in cases where the injury exists, it is necessary to prove that the fault belongs to the administrator and not to the injured person himself. If the injury is the product of the person’s clumsiness or misuse of space, then the case does not have much chance of progressing. In any case, the judge is in charge of determining guilt, which can even be shared to different degrees by both parties.
Examples where you can sue your apartment complex for slip and falls
The cases where you can sue your apartment complex for slip and falls are varied. Broadly speaking, they correspond to failures in maintenance or non-compliance with the security measures established by regulations and laws. For example, it is very common to suffer a slip product of a surface that is wet, at a time when it should not. Whether they are cleaning without signaling, or there is a leak that causes the presence of water, wet surfaces can be reason enough for an accident. In some cases, slipping may occur not because the surface is wet, but because it is materially unstable. In that case, it will suffice to check the material with which it is built to determine if it is a fault.
In many other cases, falls can be caused by cables, devices or any other poorly placed element that causes an interruption of the step. This is also cause for an accident to occur, and can be sued. In other cases, for example, the stairs or steps in different parts of the condominium do not have safety elements, such as railings and signage. This is considered a violation of the building code, so it can be proven that the administrator has been negligent.
Lighting is a fundamental factor in avoiding many accidents. If you don’t have enough light in your community spaces, you can sue your apartment complex for slip and falls resulting in injuries. The condominium is responsible for guaranteeing the correct lighting of transit areas, so that people can see where they are going. Otherwise, they will be committing a foul. Of course, this must be able to be proven in front of the judge following the case.
How to Get Compensation for Slip and Falls in Apartment Complexes
An attorney with the background and experience of Mario Serralta will be able to advise and represent you in your injury case. The objective will always be to obtain the best possible compensation, which covers all the medical expenses of the injury and any other inconvenience that the fall may present. Of course, this compensation will depend on each case and is affected by many factors. First of all, the type, extent and severity of the injuries is one of the fundamental principles. No one wants to be hurt in a slip and fall, but it can happen. However, there are superficial injuries that do not require major interventions, and there are others where the damage can be serious and even permanent. All this influences when determining the amount of the claim.
Furthermore, suffering and pain are subjective issues but valued in this type of case. One should receive compensation according to the bad time that has happened. Therefore, you can sue your apartment complex for slip and falls for the damages and psychological effects that you have suffered. Emotional trauma and post-traumatic stress are not issues to be ignored. Ultimately, the ability to work may be impaired as a result of the injury. This can compromise future income, so it should also be included in these types of claims. In fact, in long-recovery or permanent injuries, compensation for future income can become very important, since it compromises the person’s future.
In conclusion, it is true that you can sue your apartment complex for slip and falls, but it is necessary to prove the administrator’s fault. Therefore, it is highly recommended that you have the professional advice that Mario Serralta can provide. This way, he will be well represented in the claim process to ensure he receives the compensation he deserves. Feel free to contact us for a first appointment to present your resort slip and fall injury case.