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Tenant/Landlord Dispute Injury Story (long story)

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u4hic

Guest
Baton Rouge,Louisiana
Part 1 of Part 2:
Living in apt since Dec.98.Signed a 1 year lease at 300. a mo & after lease was up,month per month.LL sold the properity in 2002 When the owner changed hands,has people to fix up the apt complex.I will have to move to another apt so they can fix mine.Rent will go up 175.00 more. I am being forced to move from my existing apt & my rent going up.475.00 mo is crazy for this little apartment.
Now to the nature of the problem:
I was just only home one day after being out of town and on Christmas holiday vacation when this accident happened. I am home this week, due to an injury that occurred Saturday, Jan. 4, 2003 while coming home from work at 2:00 PM. Little did I know, the Landlord had workers put these concrete-parking blocks in front of the apartment complex. I was unaware of this and they were not painted; yet blended in with the texture of the regular concrete parking lot. I came home from work with my hands full, like items from post office box I was carrying and fell tripping on a concrete block that I did not know was there. I have been living at the same apartment for four years, park in the same place, walk the same path and was unaware this obstacle was in the way. My left foot tripped over the concrete block. I fell hard and tore my work pants, scraped my left knee real bad, my right shoulder was knocked into the concrete wall of the apartment, and stuff went flying everywhere. I thought I had broken my right arm.
It took me a little while before I could get off the concrete ground and move to get up and unlock my apartment door to call for help. I had no use of my right arm. Some friends came over and took me to the Emergency room at the hospital. I got X-Rays on my right shoulder, left knee and left hand as my left middle finger was very numb from the fall and the Emergency Room Doctor determined that I had a Rotary Cuff injury and for me to see a specialist this week. The rotator cuff is a group of tendons and muscles in the shoulder joint that help the arm rotate.
I saw the Orthopedic Specialist Tuesday, Jan 7, 2003 and thank goodness, I only bruised and tore it real bad. Because if I had damaged the rotary cuff, that would call for serious surgery. Anyway, I have been home with my right arm on a sling and taking pain medications and using ice therapy for the pain. The Doctor wants me to stay home the rest of the week so my arm can heal.
I called the landlord and he wasn't in, but I did talk to the wife. She said she thinks they put those concrete blocks up Friday. I didn't trip on one until Saturday. She didn't even sound sympathetic, or offer an apology. I made the suggestion to her that they should paint them. She said she might send out a newsletter to the tenants about the concrete blocks. I really didn't expect much reaction from them anyway. I did call back the next day with the landlord and he too said he was not liable. One the apartment workers made the comment that I should have been looking where I was going. I told him that I would not have fallen if I was informed he was going to put those concrete blocks there, I would have known to look. I am seeing an injury lawyer next week. I am afraid that I might get evicted if I go through with this. I feel that I was not properly notified and that the blocks were not painted, and not easily visible, I feel I have just cause to file suit through the landlord's insurance company. I also realize that there are other things to consider after an injury, sometimes you get back pain or other internal pain later down in the future that is caused by the accident. This too is to be considered.
I do have health insurance and had to use up a weeks worth of sick pay not to mention my deductible to see the specialist and the pain meds. I haven't received the emergency bill as of yet. I'm afraid to look! I am on a very low budget and I really don't need this expense at this time. Any suggestions would be appreciated.
 


F

franklin2003

Guest
Go out right this minute and buy some disposable cameras and take pictures of the blocks in the daytime and at night, and have them developed at a one hour photo place, so you can geta date and time on them

If the landlord paints them or Moves them, before you take the pictures, you will have a hard time in suing them, they wiil claim you were just plain clumsy.

My friend tripped on an uncut bolt in conrete at 9 pm., and broke her wrist. she called me at 1 am, to tell me what happened, I was out there at 130am with my digital camera taking pictures of a bolt that some worker cut but left 2 inches, and in the middle of the night you cant see it. I also went back at 2 pm in the afternoon to take more pictures, and guess what you still cant see a silver bolt in concrete.

So because i was fast enough to get good pictures , i emailed them to a few lawyers, she now has a law suit aginst the city and the contractor for her injuries.

TIME is of the essence, you need pictures to show the landlord insurance company and they can hide what you tripped over in a week.

You also should not have told the landlord to cover it up, you might have blown your chance to sue them.


.... called the landlord and he wasn't in, but I did talk to the wife. She said she thinks they put
those concrete blocks up Friday. I didn't trip on one until Saturday. She didn't even sound
sympathetic, or offer an apology. I made the suggestion to her that they should paint them.
 
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u4hic

Guest
While I have been home resting, I have been surfing the Net for information. Today was the first day I was well enough to be able to get out of the house. I did purchase a disposable camera and took photos of the front of the apartment complex and the back (where I usually park) where there are no concrete blocks. My doctor is releasing me to go back to work Monday. I have plans to have a co-worker take a picture of my left leg that is all bruised and scared. I really do appreciate the response and suggestions. I really like my little apartment and hate the thought of moving, but things change. Oh well, we all have to 'stumble' through life and get up and dust ourselves off regardless of the circumstances. I'm learning that ALL the time!
 
F

franklin2003

Guest
One last thought, did anyone else trip over the concrete blocks?....If so you would have proof. Pictures of your legs are not important unless you have the pictures of the concrete blocks you tripped over, and take pictures of the blocks from all different angles.

About the rent increase, you must remember this is the chance you take living without a lease, all a landlord has to do is give you a 30 day notice to vacate or raise the rent.
 
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u4hic

Guest
Thanks! That's an idea that I did not think about. Taking different side views of the concrete blocks. Today was very cloudy and overcasted and it's raining now. I hope they don't catch wind of what I am planning and someone does not paint them before the morning so I can take more photos.

There are probably about 5 tenants living at the apartments at this time. When the landlord changed hands I think I was the only one who stayed. Most everyone moved out. I pretty much keep to myself. I don't think anyone else was as misfortunate as I was. I am not going to mention or talk about my accident to anyone. I'm afraid that the insurance adjusters will hire private detectives to interview my neighbors and make notes of my daily activities since I am the person filing the claim. (Been watching too many reruns of Magnum P.I) :eek:
 

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