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  1. #1

    Default Liability for Injuries Caused by Tripping on Uneven Pavers

    My question involves an injury that occurred in the state of: PA

    Anything here? Have a family member who lives in an apartment conplex. Early Saturday morning this family member tripped over decorative bricks/pavers lining a sidewalk. This reaulted in a teip to urgent care for a severely sprained ankle. The next day, we were visiting and my 3 year old tripped and fell at the same spot, over these decorative bricks, resulting in an ER visit, out-of-pocket expenses (to check for skull damage and concussion, etc).

    Any liability here for the apartment company?

  2. #2
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    Default Re: Premise Liability - Apartment Complex

    Did your family member report the fall on Saturday? Were the pavers in such condition that the trip hazard would have been clearly identifiable? Are the pavers in an area that foot traffic would normally be expected? These are some of the questions that would need to be answered to determine if any liability exists.

    The injured parties can contact the apartment complex and request compensation. If they say no, depending on how much you are out, you might consider a consult with an attorney to see what might be done.

  3. #3
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    Default Re: Premise Liability - Apartment Complex

    If it was anything even remotely looking like this, then there is no liability.

    https://i.pinimg.com/originals/9d/76...c42beb512c.jpg

    If it was that sort of installation, the adult who fell was clumsy and should have been watching where he/she was going and the 3 year old child should have been more adequately supervised.

  4. #4
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    Default Re: Premise Liability - Apartment Complex

    It boils down to what your losses and physical damages are as to what you can sue for. If they are high enough, disregard the initial denial of responsibility by the insurance company. They typically deny most claims that they are later found responsible for. It's a numbers game to them.

    If the property owner and insurance company deny responsibility and compensation, lawyer up. It is typically the only thing that insurance companies understand and respect.

    Quote Quoting free9man
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    Did your family member report the fall on Saturday? Were the pavers in such condition that the trip hazard would have been clearly identifiable? Are the pavers in an area that foot traffic would normally be expected? These are some of the questions that would need to be answered to determine if any liability exists.

    The injured parties can contact the apartment complex and request compensation. If they say no, depending on how much you are out, you might consider a consult with an attorney to see what might be done.
    Identifiable to who? An eighty year old, half blind property owner or a 30 year journeyman bricklayer?

  5. #5
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    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Chuck77
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    Identifiable to who? An eighty year old, half blind property owner or a 30 year journeyman bricklayer?
    Management, someone responsible for the upkeep of the property, etc.. We've been over this before, if the property owner was unaware of the condition and it was such that they couldn't have known without being informed; there may not be liability.

  6. #6
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    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Mr.Fix_It
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    Any liability here for the apartment company?
    Were these bricks newly installed and/or concealed in some manner? If they were "lining [the] sidewalk," why were your family member and child not walking on the sidewalk itself?

  7. #7

    Default Re: Premise Liability - Apartment Complex

    Thank you for laying out the variables and things to consider. The walkway is similar to what adjusterjack postedx however, not newrly as new or pristine as what you have pictured. Numerous pavers are uneven and lack of adequate lighting also contributed to both falls (in my opinion). But as you correctly point our, our actual financial damages are so minimal that it is likely not worth doing anything more than informing the property management company that some pavers are in need of repair.

  8. #8
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    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Mr.Fix_It
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    Numerous pavers are uneven and lack of adequate lighting also contributed to both falls (in my opinion).
    That could establish liability but it brings up the question of did management know of the hazardous condition, or should management have known, and failed to remedy the condition. The "should have know" could be established be determine if the apartment maintenance people routinely worked in that area where the condition was obvious.

    Also brings up the question of comparative negligence. Inadequate lighting might not be an element if both injuries happened in daylight.

    Quote Quoting Mr.Fix_It
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    But as you correctly point our, our actual financial damages are so minimal that it is likely not worth doing anything more than informing the property management company that some pavers are in need of repair.
    Maybe not worth a lawyer and a lawsuit but certainly worth reporting the injuries to management and at least submitting the medical bills for reimbursement and maybe some "go-away" money.

    Make sure you have photos of the condition of the pavers before you approach management.

  9. #9
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    Default Re: Premise Liability - Apartment Complex

    Quote Quoting adjusterjack
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    That could establish liability but it brings up the question of did management know of the hazardous condition, or should management have known, and failed to remedy the condition. The "should have know" could be established be determine if the apartment maintenance people routinely worked in that area where the condition was obvious.

    Also brings up the question of contributory negligence. Inadequate lighting might not be an element if both injuries happened in daylight.

    Maybe not worth a lawyer and a lawsuit but certainly worth reporting the injuries to management and at least submitting the medical bills for reimbursement and maybe some "go-away" money.

    Make sure you have photos of the condition of the pavers before you approach management.
    So all a property owner has to do to avoid liability is deny knowledge of a hazardous condition and he's off scott free?

    If that is true, why are personal injury lawyers so successful in cases like this? Oh I know, because insurance companies like to hand out "go away money' for cases they are not liable for. Because they are so generous and easy to bamboozle.

  10. #10
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    Default Re: Premise Liability - Apartment Complex

    Quote Quoting Chuck77
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    So all a property owner has to do to avoid liability is deny knowledge of a hazardous condition and he's off scott free.
    A property owner can deny it, yes. But if there are enough damages to make it worth suing, you can rest assured the attorney will do everything they can to prove that to be a lie. Subpoena maintenance records & emails, depose maintenance personnel, you name it.

    Quote Quoting Chuck77
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    Oh I know, because insurance companies like to hand out "go away money' for cases they are not liable for. Because they are so generous and easy to bamboozle.
    No, because it is cheaper to hand out some go away money than fight it in court.

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