Not a chance

来源: apt 2006-11-21 12:55:05 [] [旧帖] [给我悄悄话] 本文已被阅读: 0 次 (1453 bytes)
I'm afraid that you can not get anything from the building owner. No attorneys will be interested because the damage recovery is not that attractive. Your loss wage is probably not recoverable because you can work at home.

From a law point of view, since you are the tenant, not an invitee, the landlord's only obligation is to reveal any latent defects when you signed the lease. After that he owes no duty to you at all unless he takes on the repair but does it negligently. From what you said, the stair is obvious and can be seen and appreciated by a reasonably prudent person. It is patent defect so that the landlord does not even have duty to warn you of it.

If you fall and get injured in common areas like the hallway, the parking lot, then you may have a claim because it is the landowner's responsibility to maintain those areas.

Even if you can successfully convince the court that your landlord owes a duty to fix the stair, you still can not win the case because he has an affirmative defense. You said you slipped and fell at least times before. From the law point of view, you assumed the risk because you knew and appriciated the danger of the stair but voluntarily chose to expose yourself to it. Assumption of risk is a complete bar to your recovery.

From what I know, there is no case against the landlord. You can move to another apartment to avoid such things.

Good luck and get well.

所有跟帖: 

Thank you very much, apt -笨企鹅- 给 笨企鹅 发送悄悄话 (249 bytes) () 11/21/2006 postreply 13:24:44

请您先登陆,再发跟帖!

发现Adblock插件

如要继续浏览
请支持本站 请务必在本站关闭/移除任何Adblock

关闭Adblock后 请点击

请参考如何关闭Adblock/Adblock plus

安装Adblock plus用户请点击浏览器图标
选择“Disable on www.wenxuecity.com”

安装Adblock用户请点击图标
选择“don't run on pages on this domain”