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Slip & Fall at renal house Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by HeatherT, Sep 15, 2010.

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  1. HeatherT

    HeatherT Law Topic Starter New Member

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    I am renting a house that floods when it rains hard, the landlord has been aware of this issue as they used to live in this house. They told me that it "gets' a little wet sometimes in the kitchen when it rains alot, however it literally Floods, as in up to 3/4 of an inch of water. They did NOT put anything about this in my rental agreement. One night we had a big thunderstorm and I went outside to move my truck out from under some trees to prevent it from being damaged in case a branch fell, as I entered the garage which is attached to my house ( which I have use of ) I slipped in a huge puddle of water that had come in under the garage door. I had a friend there who saw me fall. I fell hard, hit the back of my head and also bit my tongue so badly that it bled profusely. My friend helped me to the bathroom, to wash up. We noticed the bathroom floor was completely wet as well as the entire kitchen and the water had even seeped into the front of my bedroom. After that first flood, the landlord would call me if the weather forecast called for heavy rain to tell me to put towels in front of the door...
    the next day I told my landlord I fell, she had been a good friend of mine for several years and i laughed it off at first as I didn't realize I was seriously injured. A few weeks went by and I started to experience extreme pain, I was bartending at the time and ended up having to quit my job because I was not able to walk or sit without pain. I went to the doctor and got an MRI and it ends up I have a severely herniated disc which requires surgery ( I had 3 opinions ) I have no medical insurance and asked the landlord for their homeowners ins. info. I then contacted an accident atty. just to find out what I should do.... there is a case pending, everything was fine and amicable up until Sept. 3rd when I received an eviction notice Via certified mail. I called the landlord to inquire why I was being evicted and the response was that they "wanted to get back to normal"
    There is a case pending, however I would like to ask some questions here if I may...

    #1 at this point, what steps should I take to make my case stronger ? I have a witness to the actual fall, the landlord's had prior knowledge of this problem and verbally agreed to fix the flooding issue by putting in drains in front of the house ( which they never did ) I also have my MRI's and can get doctors letters.
     
  2. army judge

    army judge Super Moderator

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    You don't have to do anything about that letter. It is merely a request to vacate. It isn't an eviction. Only a judge can evict you. A landlord can't evict you.

    A landlord can only ask you to leave. You can ignore the request. Then the landlord must file a court case, asking a judge to evict you.

    You get the opportunity to defend the landlord's action in court. In your case, the landlord's action appears to be retaliatory.

    If I were you, I'd just stay put. Before doing that, I would bring this to the attention of the attorney that represents you for the fall you experienced. I'd follow his/her advice relative to the landlord's request to leave.

    You can't do anything to buttress your case, but see physicians. Do not see chiropractors, see physicians and hospitals. I have had clients see a physician two or three times a day, but at least two to three times a week.

    Eventually, the defendant's insurance will reimburse all medical care and medications, related to the case. Every time you see a physician, it'll cost them $200-300 a visit, sometimes more. Each visit makes your case stronger. No one can dispute, not even a physician, if you're experiencing pain!
     
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  3. HeatherT

    HeatherT Law Topic Starter New Member

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    How long do you think I will have until I have to move ? The 30 day notice says I have to move by Oct. 6th, however my rent runs the 15th thru the 15th and if I pay my rent today, it would actually go past the 30 days... they will have to start all over I am assuming. Plus, I don't think they actually have started any court procedings, just sent me that letter. Also, I have horses and dogs, and I am finding it hard to find a place that is adequate for them...

    On the case side of things... I have had 2 ER visits, an other opinions, all agree I need surgery, MRI, multiple visits to a pain management doctor, and also have seen 3 other doctors to get this has been going on for 4 months now, I have no insurance so I am paying everything out of pocket and it has been a HUGE struggle to get seen by a neurosurgeon because i don't have insurance, I FINALLY seem to be making headway as I am VERRRY persistent ! I am keeping a diary of every visit, all my receipts for meds, all medical bills etc... I even have a witness willing to sign an affidavit because she was present when i fell. I bit my tongue also and was bleeding profusely, she helped me to the bathroom after the fall and helped me wash all the blood off. wish I took pix ;(
    I have NOT gone to a chiropractor nor will I... I have a pain management doc.
    The pain is horrible, I used to be a horsetrainer and was also bartending at night to make ends meet, I absolutely cannot continue in my profession at this time, I walk for short distances then the pain hits me...
     
  4. army judge

    army judge Super Moderator

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    The 30 days will pass. Then your vindictive landlord will have to file an eviction proceeding to get the court proceedings going. It can take six to ten weeks before this will be set for an initial hearing.

    In the interim, you don't have to pay the landlord anything. If you don't, there is nothing that can be done to make you pay. Only a judge can eventually order you to pay. So, you can hold onto the payments. But, speak with your lawyer before you adopt this strategy.

    If you do eventually get evicted, it could be sometime after Thanksgiving, maybe even early December. It won't be anytime in September or October. But, ask your lawyer. He or she is more familiar with your local courts.
     
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  5. HeatherT

    HeatherT Law Topic Starter New Member

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    Wonderful news ! I am scheduled to see an orthopedist about my back injury on Nov. 8th, and of course since I haven't been able to work in 4 months, I do not have $ saved up to move anyway.
    I DO plan to move as soon as I can, but between my injury, owning horses and my Corgi dogs ( my babies :) I will be hard pressed to find ADEQUATE lodgings within such a short time.
    THANK YOU for the great news !
     
  6. army judge

    army judge Super Moderator

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    As I said, don't strike out on this strategy without telling your attorney. He/she might want to use this to help your personal injury case. Always keep your attorney updated.
     
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  7. HeatherT

    HeatherT Law Topic Starter New Member

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    My attorney was advised the day I received the letter, she wanted to sue them for the eviction, but I let her know we only had a month to month, she is very zealous ;) And thankfully understands how I have been suffering all this time, I'm glad to have someone on my side. :)

    I REALLY appreciate your answers too, YOU have been a great help as well :D

    LOL ! I also just noticed I misspelled Rental, I don't live in a renal house LOL!

    The landlords husband has been out of town for a week ( HE makes ALL the decisions ) and will be back on Sunday, I am going to speak with him and ask VER, VERY nicely if I can possibly have more time to re-locate, if he agrees I will get it in writing, however I bet he won't...

    Do you have knowledge about slip & fall injuries and the home owner's liability by chance ? I would love your take on the situation, they had prior knowledge of the flooding into the house since they used to live in it and told me water came in, but did not let me know the actual serious degree in which it happens, they also did not disclose it in the rental agreement...
     
  8. army judge

    army judge Super Moderator

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    If I were you, I wouldn't engage either of these individuals in conversation, or craft out of court settlements. Doing that now weakens your superior position.

    You might want to reconsider your decision to call off that female, legal pitbull. Those landlords need their ears boxed, so to speak.

    You will have more time than you need. It wouldn't be wise to ask these creeps for anything. Their letter to you to quit, has hurt them, and helped you.

    As long as you have the money when you get to court, you won't be evicted. What your eager, beaver, idiot landlord did was retaliatory. There are legal remedies for their actions. Let that female, legal zealot bear her teeth at them! If she does it right, you could have them paying you.

    Yes, I've handled a few "slip and falls" in my time. Those cases are tricky. You're doing all the right things. Be advised, those cases can take time before you prevail. Just hang tough and string, don't be discouraged or waiver. Just keep doing them and don't get caught dancing at some nightclub. :)

    The homeowner, has duty to repair a dangerous condition. He has to exercise extraordinary care. It seems he hasn't.

    Don't try your case outside of the court. Let your lawyer do what you've hired her to do. Just follow her lead. You don't need me messing up her stew.
     
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  9. HeatherT

    HeatherT Law Topic Starter New Member

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    Ok I will definitely follow your advice and not speak with them any further.
    I will be calling my attorney again tomorrow :)

    THANK YOU again so very much !!!!!
     
  10. HeatherT

    HeatherT Law Topic Starter New Member

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    I DO plan to move for sure, just won't be able to do it in 30 days, I don't want to stay here since the landlord lives right next door... I just needed more time to find a place that is suitable for my 2 Stallions ( which are SHOW HORSES ) so I would need to find a property with a barn etc... and also I have 4 Corgi dogs...we live on a farm right now.
     
  11. army judge

    army judge Super Moderator

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    No worries anymore. You've got at least six weeks (maybe eight to ten weeks) to save your money and secure proper digs!

    When you don't leave by their requested date, watch them come around looking for rent.

    They shouldn't, but I bet they will.

    You could also file a complaint with the local housing authority or building inspectors for being victimized by a slumlord tenting uninhabitable housing. Keep that in your back pocket, but find out what governmental agency handles such complaints.
     
  12. HeatherT

    HeatherT Law Topic Starter New Member

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    When they do come for the rent, I know they will, what should I say ????

    6 weeks from the end of the 30 days right ? The "move out date" is supposed to be Oct. 6th, so it would be 6 weeks from then ?

    I WILL check with the housing authority, thanks for the tip !

    There is other issues with the house, it is infested with SPIDERS ! They verbally said they would have an exterminator come, never happened, also the ceramic tile in the kitchen is cracked and missing pieces, COULD cause a serious cut to one's foot, they also said they would fix that ( it's in the rental agreement ) and that didn't get fixed either...oh and I did put in writting that I needed them to fix the flooding problem, it is an attachment to the rental agreement, glad I did that !

    I feel like I should pay you for you legal advice, you have helped me more today than anyone else in the past few months since I got hurt :)
     
  13. HeatherT

    HeatherT Law Topic Starter New Member

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    army judge I have one last question for you ;)

    The rental agreement i have was never signed by the landlord, so doesn't THAT make it illegal ? or Voided anyway ?
     
  14. army judge

    army judge Super Moderator

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    Here is what you can expect if this goes to eviction court.

    The time frame is just a wild guess based on what I've seen over the years.

    It'll be more than a month, and up to six or eight weeks.

    That is after the 30 days has passed, and you've been legally served by a marshal or deputy.

    If you live in Tulsa or OKC, it'll be longer than Pauls Valley.

    Yeah, I know how small Pauls Valley is!!! :)

    Tenants should: Present documents, use originals or high quality copies. Get a receipt for all cash transactions. Canceled checks and money orders are good proof of payments.

    If the court orders you evicted, you might postpone eviction if you have a good reason. The judge may consider hardships, such as young children or a sick or elderly family member, in setting the eviction date.

    You may file a request for an "extension of time" if hardships keep you from making the deadline. Typically moving a child out of school, loss of job etc may qualify to avoid evictions. YOU MUST HAVE PLAN OF ACTION.




    You've already paid me with your thanks.

    You have a leasehold as a month to month tenant, if you have no signed lease.

    Your rights and responsibilities are set forth in Oklahoma landlord-tenant law.


    This site gives you some basic information on OK landlord-tenant law.

    http://www.rentlaw.com/securitydeposit.htm

    I think you'll love the following provision provision of OK landlord-tenant law.





     
  15. HeatherT

    HeatherT Law Topic Starter New Member

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    Thank you Again :D

    You mentioned not letting them see me dancing at a night club... I started another thread about the fact that I own horses and have to take care of them... what about that ?

    Maybe see the other thread for the whole story, it's in the same area as this one ;)
     
  16. majestyseo

    majestyseo New Member

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    Personal injury claim

    Hi all

    Thanks for posting your personal information in this forum.:yes::no:
     
  17. HeatherT

    HeatherT Law Topic Starter New Member

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    what do you mean by that ? I thought this forum was to get information... you have to give info. in order to get info.
     
  18. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    It might be forum spam (1 post from a user) and I'm not sure where they are coming from. I'll keep an eye out for this...
     
  19. HeatherT

    HeatherT Law Topic Starter New Member

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    Thank you :) I didn't think I shared really "personal info" just stuff pertaining to my case...

    Thanks again for responding, much appreciated !
     

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