suing landlord for injury on his property
This is a discussion on suing landlord for injury on his property within the Injury & Worker's Compensation forum, part of the ACCIDENTS, PERSONAL INJURY, INSURANCE category; I lived in a house for almost 2years. We told the landlord at least 5 times the retaining wall by ...
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I lived in a house for almost 2years. We told the landlord at least 5 times the retaining wall by the drive way is going to fall and really hurt someone since it is cinder blocks. he did nothing about it and said oh thats no big deal. We were in the process of moving after a dispute on breaking our lease which no where in the lease did it say we couldnt break it. we gave him 2 months notice and he still wouldnt give back our security, we ended up not paying rent for a month and a half but moved out as soon as we found a rent. any way I came home one day and i was getting something out of my car and I backed into the retaining wall and it began to fall so i quickly tunred around to catch it and push it back in the dirt. Needless to say I hurt my back. I ended up having to have a spinal fusion and I have been out of work for almost 2 months now. He had his insurance person call me the day after I had my surgery and I am still in the hospital. I told her I could no talk then and I hung up. She called me back again and explained to me the landlord told her I hit my head, i tild her she was misinformed. So I told her what happened and she then said that my landlord explained to her I had a pre-exisiting condition. I did have 2 surgerys on my back for herniated discs. I told her I have never heard of the insurance company calling the party complaining that the attorneys would work it out. My question is even if i did have 2 previous surgeries I now had to have this major surgery, go through a lot of pain and suffering be out of work, etc... can I take him to court to sue him? I wasnt going to do this but I asked for my securtiy back and at first they said no, then they said if we painted the living room and the hallway he would give us our security back and he would supply the paint. He never brought the paint to us so we couldnt paint. I called his wife and told her we moved which was on the 15th of Nov and I asked her when she was going to send me at leat half my security to me and she laughed and said she wasnt. She also told me that she couldnt give me my security until they rented the house and got the security from the new tenants. I said to her that my money should have been in an account collecting interest for the time we lived there and she got very indifferent with me and told me not to put words in her mouth. i told her I wasnt I was telling her that the money should have been in an account gaining interest which it clearly wasnt. I need some advice. By the way I live in Ct
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#2 |
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Thanks for all the help people. Its much appreciated.
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Quote:
You hit the wall with your car to start? That is not going to help your case. I am not sure I see the direct cause by the landlord for your injury? Also if you feel he wrongly withheld the deposit you may sue in small claims. ...Based on what you say here it frankly is not clear to me, and you normally cannot refuse to pay rent assuming it will come out of the deposit. |
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yes i got out of my car and hit the wall with my body and I had to turn quickly to call the cinderblocks from falling on my legs and feet. I also moved out early so technically he does owe me security back also. the most important thing is the surgery and pain I had to deal with
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