Slip and Fall

[geno321]

I have been leasing a town home for about 5 months now and my 18 yr old daughter recently slipped on some green algae growing on the rear deck of the home and now has a bulging lumbar disc as a result of a hard fall. There is a huge green vine growing around the deck that was previously there before I moved in (planted by the homeowner) and it has caused a lot of green algae transfer onto the deck. It is very slippery when it is any bit wet or early in the morning. The deck was not wet and it had not been raining but it was early in the morning when it is kind of damp outside....the morning dew. Can my daughter sue the homeowner for this slip and fall injury due to negligence? My daughter is listed on the lease. I live in KY. Thank you

 

[Proserpina]

I have been leasing a town home for about 5 months now and my 18 yr old daughter recently slipped on some green algae growing on the rear deck of the home and now has a bulging lumbar disc as a result of a hard fall. There is a huge green vine growing around the deck that was previously there before I moved in (planted by the homeowner) and it has caused a lot of green algae transfer onto the deck. It is very slippery when it is any bit wet or early in the morning. The deck was not wet and it had not been raining but it was early in the morning when it is kind of damp outside....the morning dew. Can my daughter sue the homeowner for this slip and fall injury due to negligence? My daughter is listed on the lease. I live in KY. Thank you

Where is the homeowner negligent?

 

[geno321]

The green algae was growing on the deck before I moved in.

 

[Proserpina]

The green algae was growing on the deck before I moved in.

You knew the algae was there, you moved in anyway, and you know the morning dew conditions in KY.

But, let's assume the homeowner is negligent. What does your daughter wish to do?

Is she wanting medical bills paid?

(Because you cannot do anything - she's an adult, so it would be up to her)

 

[geno321]

She is the one who asked me to do this to find out what her rights were and we totally understand she is an adult and would need to pursue a suit on her on accord. She has to live with an injury now for the rest of her due to this. She wants to sue for med bills and for personal injury if she has the right to.

 

[Willlyjo]

She is the one who asked me to do this to find out what her rights were and we totally understand she is an adult and would need to pursue a suit on her on accord. She has to live with an injury now for the rest of her due to this. She wants to sue for med bills and for personal injury if she has the right to.

Sorry but you don't seem to have a case against your landlord for negligence. It sounds like you and your daughter was aware of the algae growing on the deck, so you are responsible to exercise caution while walking on it just as you would exercise caution while walking across the lawn with the dew still on it. It is plain and simple carelessness on your daughter's part that caused her injury. I hope she is feeling better.

 

[asiny]

I have been leasing a town home for about 5 months now.... There is a huge green vine growing around the deck that was previously there before I moved in (planted by the homeowner) and it has caused a lot of green algae transfer onto the deck. It is very slippery when it is any bit wet or early in the morning.

Did you document the times you reported the issue to the homeowner in the past?
What was the homeowners response, each time you reported the issue, in the past?

 

[Mass_Shyster]

The Kentucky courts have rapidly been developing new theories regarding slip and fall tort actions. The trend is to recognize greater duties on the part of property owners.

http://news.lawreader.com/?p=1563

 

[TheGeekess]

I have been leasing a town home for about 5 months now and my 18 yr old daughter recently slipped on some green algae growing on the rear deck of the home and now has a bulging lumbar disc as a result of a hard fall. There is a huge green vine growing around the deck that was previously there before I moved in (planted by the homeowner) and it has caused a lot of green algae transfer onto the deck. It is very slippery when it is any bit wet or early in the morning. The deck was not wet and it had not been raining but it was early in the morning when it is kind of damp outside....the morning dew. Can my daughter sue the homeowner for this slip and fall injury due to negligence? My daughter is listed on the lease. I live in KY. Thank you

So, why haven't you taken some Clorox and a brush to the deck? Why didn't you or your daughter clean the algae off before? Do you mop the floor in the kitchen or do you wait for the homeowner to come do that, too?

 

[startedone]

The OP can go see a lawyer for nothing .. why posting here?

 

[swalsh411]

Case of beer says she never reported this to the homeowner.

 

[justalayman]

So, why haven't you taken some Clorox and a brush to the deck? Why didn't you or your daughter clean the algae off before? Do you mop the floor in the kitchen or do you wait for the homeowner to come do that, too?

I'm with ya on this one. Unless the homeowner shares this deck with the OP, it was the OP's duty to clean the deck and remove the algae.