Premises Liability Landlord negligence resulting in slip and fall

[TLHunter06]

My landlord is my supervisor at my job - him and some others started a property management company, bought several apartment buildings and only one house - mine. The house needed repairs - the rain gutter off the roof was in bad shape and every time it would rain, water would pour down the outside wall and come in through the window and door of the kitchen. The floor was linoleum, and very slippery if wet. I had e-mailed them several times to inform them of the problem and they always promised to fix it...they finally sent a guy over who tacked a piece of plastic sheet under the gutter to divert the water, but that eventually got tattered and the problem started again. I took videos during a rain storm, and pictures. Then they replaced the kitchen window, but I explained that wasn't the problem. So one morning, I was unaware it had rained overnight and went into the kitchen and immediately slipped on the water and fell and really hurt my right leg. I notified my landlord and saw my family doctor, who gave me a steroid shot, took x-rays, etc. My job is a medical transcriptionist from home and I'm paid by production not hourly. My landlord happens to be my supervisor at my job. I eventually had to stop working for a while because I have severe pain when sitting for long periods of time. They asked me to sign a waiver so I wouldn't sue them, which I never did. I got behind in rent because it took me a while to find another job because all I've done for the past 15 years is transcription. I just enrolled in school to get a degree in another field that doesn't require so much sitting. I still have this problem with my leg a year after the fact and now have a doctor stating I can only work part-time at best for now. Right after the fall, the landlord did fix the gutter.

I'm now about to move out because there are several other repairs that aren't being done and the place is just not liveable any longer. I have a payment plan in place to catch up on the rent I missed from not working, which I've kept up with so far. So can I sue them for negligence? This injury has caused so many problems...my sex life with my husband prior to the fall was very active, but afterwards it slowed down significantly, and he ended up committing adultery and left me to be with another woman because of it. I'm in therapy for that. I also have a brand new granddaughter that I can't really hold because my leg actually gives out on me when I go to get up from a sitting position. It gets numb after 15 minutes of walking, so my active exercise regimen stopped and I gained weight, which caused me some breathing problems, and I have to use an inhaler now! It's affected my job obviously. I just want to know what my rights are, if any, and how to go about doing this.

Thank you in advance!

 

[mightymoose]

If you have seen a doctor regularly since the fall and can document the treatment since it occurred, then you might be able to try something.
If you haven't had regular medical care then you have likely waited too long. Your problem in this case would be proving that the pain you have nos was caused by the fall and not from something else that has occurred since.

If you have plenty of documentation regarding the injury and have had regular contact with a doctor since the incident then you might want to contact a local personal injury attorney and find out how to proceed.

I'm assuming you have never brought this up to the landlord and asked for assistance with the medical costs? Depending on how much you owe in past due rent, perhaps an agreement to forgive the debt will make things even and avoid court altogether?