Injury at Apt Complex

[slryno]

What is the name of your state? MI

I'm back again with another question since Guru has been so helpful.

Appx. two weeks ago my son was walking across his apt complex on his way to campus and fell into a hole in the grass on the grounds of the apt complex. This resulted in a fractured ankle. My son came home this weekend with his crutches and cast and finally told me the whole story.

My son was told on Friday that he must start seeing a physical therapist this coming Thursday. He can't drive and it's a long walk across campus...bus doesn't stop at his apt complex. Unfortunately, he's also on the fourth floor and there are no elevators.

Bottom line...is the apt complex liable to pay his medical expenses? I pulled out the lease and it states "Neither Landord nor Agent shall be liable for any personal injurty to Tenant or damage or loss to Tenant's property, including, but not limited to any injury, loss or damage caused by burglary, assault, vandalism, theft or any other crimes".

My son has yet to notify the complex and has been paying the medical expenses personally. Any advice would be greatly appreciated!

[rmet4nzkx]

Originally Posted by slryno

What is the name of your state? MI

I'm back again with another question since Guru has been so helpful.

Appx. two weeks ago my son was walking across his apt complex on his way to campus and fell into a hole in the grass on the grounds of the apt complex. This resulted in a fractured ankle. My son came home this weekend with his crutches and cast and finally told me the whole story.

My son was told on Friday that he must start seeing a physical therapist this coming Thursday. He can't drive and it's a long walk across campus...bus doesn't stop at his apt complex. Unfortunately, he's also on the fourth floor and there are no elevators.

Bottom line...is the apt complex liable to pay his medical expenses? I pulled out the lease and it states "Neither Landord nor Agent shall be liable for any personal injurty to Tenant or damage or loss to Tenant's property, including, but not limited to any injury, loss or damage caused by burglary, assault, vandalism, theft or any other crimes".

My son has yet to notify the complex and has been paying the medical expenses personally. Any advice would be greatly appreciated!

Yes he should report the injury to the management, injury in this case is due to defect in the maintance of the grounds not "caused caused by burglary, assault, vandalism, theft or any other crimes".

[FarmerJ]

get over there with a camera and your son and take a picture of the hole if it would show up and use something to mark it and take a pic from a distance with the building in the background . it will help you for your records make sure the pic is dated by the processor . The pic will help you prove that the hole is there and management wont have the chance to fill it first .

[You Are Guilty]

A word of caution, just because there's a hole there doesn't make the complex liable. There could be a hole the size of the Grand Canyon and unless you can prove the complex either had, or should have had notice of the hole, the accident is not their liability. So unless someone complained about the hole to them before the accident (but not your son, because in that case, he stepped into a hole he knew about), or he can show that the hole was there for ages and management never did anything about it, there's a good chance they're going to tell him to "shove it".

[esq2B]

The above poster is right...you must show that the complex was aware. This will be a little bit easier to show because your son would be considered a licensee and the owners have a duty to make reasonable inspections.