Slipped on Ice

[Angus]

What is the name of your state? OHIO

I live in a twinplex with one, large, shared driveway. Landlady lives in adjacent unit. In lieu of raising the rent, we agreed to plow/shovel the snow on the driveway as needed. There's been an ongoing problem with leaking (and, at times, clogged) gutters. We've had a bad winter with freeze/thaw conditions, and have had difficulty removing the "stalagmites" that have built up directly below the gutters just outside the front door.

I fell and broke my wrist Saturday - going to a hand surgeon tomorrow.

My son chipped up and removed the remaining ice patch so noone else would fall. Unfortunately, no pictures were taken.

My husband phoned the landlady to tell her about the injury, and she stated, "I thought we agreed that you guys were going to shovel the driveway." He told her it was nearly impossible to keep up with the ice buildup from the leaking gutters that occur almost daily. She acted really defensive and only offered to sprinkle some salt on the area.

I wasn't thinking about suing her - I don't want her homeowner's insurance to increase, but I'd at least want my out-of-pocket medical costs to be paid. She's generally a very nice woman, but can be a snake at times. We plan to live here until July 2004, at which time will be relocating hours away. We don't want to pack and move twice in 12 months - which may happen if she gives us grief (i.e. - raising the rent to an outrageous amount, filing a lawsuit, homeowner's insurance claim, etc.)

The snow removal was a verbal agreement and is not specified on our lease (which we never received a copy of after we signed). Is she indeed liable, even though we agreed to shovel the snow?

Thanks for your time and assistance.

 

[stephenk]

i still dont see how the landlady is liable to you to pay your medical bills.

you agreed to shovel the walk, you fell on the walk, you broke your wrist. what did the landlady do to make the walk dangerous or fail to do to make the walk safer?

 

[I AM ALWAYS LIABLE]

i still dont see how the landlady is liable to you to pay your medical bills.

you agreed to shovel the walk, you fell on the walk, you broke your wrist. what did the landlady do to make the walk dangerous or fail to do to make the walk safer?

My response:

Stephen, our writer said - -

"He told her it was nearly impossible to keep up with the ice buildup from the leaking gutters that occur almost daily."

So, apparently our writer is saying that the gutter problem was the cause of the ice build-up.

However, as you know Stephen, our writer's complaint about the gutter was made AFTER the incident and resultant injuries.

Our writer will play hell to prove that the landlady was previously on "notice" of the alleged dangerous condition that he alleges was the cause of the ice build-up.

If he can't prove prior "notice", then our writer's wife will have to "eat" this one. But then, even with bad gutters, proving that the gutter problem is a "dangerous condition" in the first place is going to be difficult, if not impossible. Ice on sidewalks can be caused by any number of natural reasons.

Writer, make sure you place the condition of the gutters and ice build up in writing to the landlady. That way, and for the future, if she doesn't make the necessary repairs, then it's "provable" that you placed her on "notice" of the dangerous condition.

IAAL

 

[Angus]

Thanks for your help.

IIAL, the landlady knew the gutters leak because she placed large buckets under the gutters (back of house) last summer to collect rainwater that she used to water the garden.

Also, the pattern of the ice buildup is obvious because it's a strip directly below the faulty gutters, and nowhere else. Would taking pictures of future leaks (huge, dripping icicles) and subsequent ice buildup on the driveway be helpful to prove liability in this claim? Or is this a dead issue because I didn't "complain" about it before I fell? I don't feel it's my responsibility to point out hazards/problems on her property.

She did have the gutters cleaned once last fall and mentioned that she "hoped the guy would nail in the loose areas."

One more question - - since we agreed to shovel the driveway, if a deliveryman slips and gets injured, am I liable and not the landlady?

Thanks again, this forum is very helpful.