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  1. #1
    Join Date
    Feb 2007
    Posts
    1

    Default Can I Sue My Landlord for Negligence and Pain & Suffering

    I live in the State of New York. I live in a apartment build, well it is a house with two apartments. There is only one entrance and that is the same entrance you use to exit. Before you can go inside the apartment, you got to step on to the porch. The porch used to have two post for you to hold on to. But now it has one. because the porch is no good....and that post had rot off until it just broke off. Instead of the landlord/owner fixing it, which would probably take up 10-15minutes of his time and a few nails and screws. he just layed it along side the porch. It has been broken since Sept of 2006. It is now winter over here and the steps on the porch steps has ice and snow and it is very slippery. Few Mornings ago i was walking off of the porch and slipped and broke my arm. If that post was there i could of had some support to hold on to so i wouldnt have fallen, but that wasnt there and i landed on my arm and broke it. Could I sue my landlord for negligence and pain and suffering? Also if i have pictures and people such as the mail carrier and other tenants to back my story up about it being broken since Sept. of 2006. If I can How would i go about doing so?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Sue My Landlord for Negligence and Pain & Suffering

    you need to contact the building inspector to find out what and if a railing would be required in the place you described. He would not be guilty of an ntentional tort and its' resulting injury but would be guilty of knowingly being negligent is maintaining his property and that it did result in an injury to you.

    While there is not guarantee of success in a suit requesting pain and suffering, I would think it would be a resonable position to request it.

    You also need to address the one entrance situation. I'm not positive but it is generally required to have more than one exit in rental units.

  3. #3

    Default Re: Can I Sue My Landlord for Negligence and Pain & Suffering

    Had you spoken to the landlord about the missing post? Was he even aware that you wanted the post fixed and not just removed?

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