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back injury Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by bbyalex, Jun 30, 2002.

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  1. bbyalex

    bbyalex Law Topic Starter New Member

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    Hello,

    About Oct or Nov I don't really rember the month but I do know it was sometime around the winter time.I was pregant with my son, the steps had ice on them and I had my slip-resenit shoes on and as I went outside down the steps I slipped and fell. I fell and hit my lower back I on my tail bone, and that same night I had a bruise on my back. I didn't go to er or dr because I thought it would go away and that would just be the end of it. Now my son is 4 months old I started having this lower back pain that just would not go away. So I went to a chiorptir about it he took an x-ray of my back and my spine is not straight, and he said he would have to straighten back into place. Meicard does not pay for everything for every x-ray I get is a $100 for each one and $5 for each visit. Would my landlord be responsible for this acciendent if it is his apt building, would he responsible to put salt down on the steps. Would he also be responsible to pay for my medical bills and the pain I am going through with my back right now. If any lawyers would like to take my case or any one want to any more info reply to me e-mail me at [email protected]
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It would seem that you might have a very difficult time with this case as it appears there are no records, e.g. the time you went to the doctor, slip and fall, etc. Your landlord does not have the absolute responsibility to make sure that your steps are clear of ice at all times and asap. You can begin an assumption of reasonable care in making the area clean from ice -- assuming that according to your lease this is the landlord's responsibility -- which may mean that he/she has e.g. 12 hours to do so.

    While I do sympathize with you, accidents don't necessarily mean someone was or needs to be found negligent. For anyone to be responsible, you first have to prove that they were negligent, not that the act wasn't done. What if you fell 10 minutes after it finished snowing? Would it be reasonable to state that your landlord MUST be standing outside with a shovel waiting for the snow to stop? It's not how reasonable people act.... I think you understand my point that every case is dependent upon the facts, of which we do not have enough here.
     

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