Broke foot w surgery on apartment complex property

[Romywhe]

I broke my foot after stepping in a non secured, not taked care of hole on my apartment complex's property. I had to get surgery where they put a plate and several screws in my foot. I am forced to take unpaid leave for 6 weeks, my husband has to take leave to take care of me, our medical bills are piling up.
Should I try and wait what the apartment complex is offering me or go directly with a lawyer?

 

[quincy]

I broke my foot after stepping in a non secured, not taked care of hole on my apartment complex's property. I had to get surgery where they put a plate and several screws in my foot. I am forced to take unpaid leave for 6 weeks, my husband has to take leave to take care of me, our medical bills are piling up.
Should I try and wait what the apartment complex is offering me or go directly with a lawyer?

Was the apartment complex before your accident made aware of the hazard so they had the opportunity to fix it? Was this an obvious hazard - one that they and, arguably, you should have noticed?

 

[Just Blue]

I broke my foot after stepping in a non secured, not taked care of hole on my apartment complex's property. I had to get surgery where they put a plate and several screws in my foot. I am forced to take unpaid leave for 6 weeks, my husband has to take leave to take care of me, our medical bills are piling up.
Should I try and wait what the apartment complex is offering me or go directly with a lawyer?

Did this happen in the US? If so what state?

 

[Romywhe]

Did this happen in the US? If so what state?

It happened in Texas

 

[Romywhe]

Did this happen in the US? If so what state?

Was the apartment complex before your accident made aware of the hazard so they had the opportunity to fix it? Was this an obvious hazard - one that they and, arguably, you - should have noticed?

They mowe this grass area (potty area for dogs) every 2nd day. They are definitely aware of it

 

[quincy]

Thank you for providing your state name.

Is it an obvious hazard then? Riding on a commercial riding mower is different from walking across property behind a push mower.

Had anyone previously reported the hole to management? How big is it?

Generally lawn mowing services for apartment complexes are contracted out so it would be left for a resident to report the hole if the lawn service didn't (and they likely didn't).

 

[Romywhe]

I am not sure if one of the neighbors did. We did not.

I'm almost positive it is a push mower.

 

[quincy]

I am not sure if one of the neighbors did. We did not.

I'm almost positive it is a push mower.

You would need to find out if the hole was reported to management before considering a legal action.

If the hazard is not obvious and no one reported it, management would not be liable. They need to be given the chance to warn residents and then make repairs.

 

[adjusterjack]

I broke my foot after stepping in a non secured, not taked care of hole on my apartment complex's property.

Here's your problem. If you stepped in it because you didn't see it, then it's unlikely that you will be able to prove that anybody else had knowledge of the condition.

Should I try and wait what the apartment complex is offering me or go directly with a lawyer?

What, if any, communications have you had with the apartment management or owner?

 

[FrankCirillo01]

Hello,

I am sad to know about your current situation. You need to do lots of homework before going against the management of the society. If the hole was never been informed or bought to notice, that too in writing, then it is not the fault of management. Still, you can consult a lawyer who can help to at least arrange some settlement for support.

 

[quincy]

Hello,

I am sad to know about your current situation. You need to do lots of homework before going against the management of the society. If the hole was never been informed or bought to notice, that too in writing, then it is not the fault of management. Still, you can consult a lawyer who can help to at least arrange some settlement for support.

Apartment complex management is not exactly tasked with the "management of the society." What a task that would be!

There might not be any settlement that the attorney can arrange if the apartment complex management was not made aware of the hazardous hole in advance and if it was not an obvious hazard.

It is possible that Romywhe has, in the month since she posted, already consulted with a lawyer for a review, but if she hasn't, she could.

 

[Romywhe]

Hello all,
After reading all the comments I decided not to consult a lawyer. I just now got back to work and I am still in a lot of pain. Even after speaking with the leasing manager and telling her about my situation the hole I broke my foot in is still not fixed over 2 month later. They are well aware of this situation. So if someone else breaks their foot, hip or even worse they can take legal action correct?
This is crazy, if I would have know there was a hole and I would have time to report it to the management I would not have a broken foot, huge medical bill and lots of pain.

Thank you for all your info,

Romy

 

[HighwayMan]

I
Should I try and wait what the apartment complex is offering me or go directly with a lawyer?

Well, WHAT are they offering you?

 

[Romywhe]

Absolutely nothing. Their excuse was I should have told them about the hole before I broke my foot.

 

[quincy]

Absolutely nothing. Their excuse was I should have told them about the hole before I broke my foot.

Although I agree with the management company that they needed to be made aware of a non-obvious hazard for them to be given the opportunity to fix it, it is disturbing that after notification by you of the hole they have done nothing about it.

They could be pushing their luck. If someone else is injured by the hole, the injured person could have a good claim against the company.

I hope your foot gets progressively better until it is back to normal and you are pain free.