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injured foot
Guest
I live in Mississippi. A large bush fell over onto a common concrete driveway between 2 townhouses owned by same landlord, who also owns several other properties. The landlord was aware of it. He had repaired part of the cracked concrete several months prior which was probably caused by our townhouses sunken foundation but had not repaired the common driveway. But after a week of the bush scratching our cars as they went by I cut the bush up and removed it. I cut my foot on the cracked concrete under the bush and it got infected, requiring hospitaliztion. My health insurance paid 85% of bills and I used sick and vacation time for time missed at work. The landlord's State Farm insurance denied coverage because the rental agreement I had signed had an exculpatory clause stating the landlord was not responsible for any injury due for any reason (this was in the contract I signed with the previous townhouse owner three years ago which I guess is now on a month-to-month basis). If he was aware of defect, failed to fully correct, accident was foreseeable, not unrreasonably expensive, isn't he responsible? If his State Farm insurance policy has an exclusion, is he personally liable? Can I deduct any out-of-pocket expense from future rent? Can he retaliate against me and give me 30-day notice to vacate, even if rent has always been paid on time?
injure foot
injure foot