Girlfriend fell on steps in apartment and broke tailbone and toe

[Hopkins21]

What is the name of your state (only U.S. law)? MD

Hi.
My gf tripped and fell down steps in my old apartment about a year and a half ago. She broke her tailbone and big toe. She still has pain .

The laundry machine was in the basement. The steps were not properly maintained, there was even a nail sticking out a few centimeters on the one step.

I had a photo of this nail at the time, but it is since deleted from my phone. I didn't understand insurance, and didn't want to collect from the landlord who was at fault here.

Is there any point to brining a claim now with just the medical records (which detail a step fall) and no photos of the nail? Is their pain and suffering to collect? Thanks.

 

[Hopkins21]

I have to add that pet the terms of the lease she was not supposed to be living there, however per the lease I was able to have someone live there up to 10 days , let us just say we were abiding by the terms of the lease.

Also, past the deductible, will this claim harm the property owner?

 

[Just Blue]

What is the name of your state (only U.S. law)? MD

Hi.
My gf tripped and fell down steps in my old apartment about a year and a half ago. She broke her tailbone and big toe. She still has pain .

The laundry machine was in the basement. The steps were not properly maintained, there was even a nail sticking out a few centimeters on the one step.

I had a photo of this nail at the time, but it is since deleted from my phone. I didn't understand insurance, and didn't want to collect from the landlord who was at fault here.

Is there any point to brining a claim now with just the medical records (which detail a step fall) and no photos of the nail? Is their pain and suffering to collect? Thanks.

You have an amazing posting history of wanting to sue. Why is that????????

 

[CTU]

You have an amazing posting history of wanting to sue. Why is that????????

This one is a little gem, isn't it?

https://forum.freeadvice.com/small-claims-courts-24/equifax-small-claim-claim-638201-post3503804.html#post3503804

 

[Hopkins21]

You have an amazing posting history of wanting to sue. Why is that????????

Irrelevant . My gf fell down steps and broke her tailbone and toe. The steps were improperly maintained. None of my antics here involve fraud or breaking the law.

 

[Hopkins21]

You have an amazing posting history of wanting to sue. Why is that????????

This one is a little gem, isn't it?

https://forum.freeadvice.com/small-claims-courts-24/equifax-small-claim-claim-638201-post3503804.html#post3503804

The lawyers are going to make millions in a class action lawsuit against Equifax for this breach. The consumers effected will get a check for $7.34. I am willing to do the work to get mine just like the class action lawyers are,what's wrong here ?

 

[Hopkins21]

I have to point out that I am 2/2 in nuicience lawsuits.

1. Sued bank over bank fees in small claims court. Accepted settlement offer of $1035 prior to court.

2. Threatened to sue internet provider (didn't file) over slow internet speed. Settled with me to avoid suit for around $600

 

[adjusterjack]

I have to point out that I am 2/2 in nuicience lawsuits.

1. Sued bank over bank fees in small claims court. Accepted settlement offer of $1035 prior to court.

2. Threatened to sue internet provider (didn't file) over slow internet speed. Settled with me to avoid suit for around $600

Wonderful. You're good at getting chump change go-away money for nuisance claims.

This is different, so pay attention.

1 - This is your GF's claim, not yours. It is SHE that will have to make the claim with the owner of the building, not you. You cannot represent her. No one will give you the time of day about it. They will only talk to her.

2 - She's in the big time now. Her injuries are potentially worth 10s of thousands of dollars. She'll be dealing with insurance company pros and insurance company lawyers who will defend their insured all the way to a jury if there is no proof of negligence.

3 - As for the negligence aspect, you say the steps were not properly maintained. How so? You say a nail was sticking up? Did she trip on the nail? If not, then the nail is irrelevant. How, exactly did she trip and what, specifically, was wrong with the steps that caused her to trip? What time of day or night did this happen? How was the lighting? Had she been drinking or taking drugs?

4 - Was her accident reported to the owner of the building? If it was, what happened after that? What did the owner do? Did his insurance company get involved? Was anybody sent to inspect the steps? If it wasn't reported to the owner at the time and you have no photos how do you prove what happened and when it happened? Any witnesses besides you and she? Your testimony is obviously biased and would be given little or no credibility. Same as hers.

5 - Did she get immediate medical treatment? Emergency room? Personal physician? Surgery? Ongoing treatment?

Come back and address all those points.

Fortunately, MD has a three year statute of limitations so she's got some time and might be able to salvage her claim if she gets a lawyer and doesn't rely on you and your expertise at chump change nuisance claims.

 

[Hopkins21]

Wonderful. You're good at getting chump change go-away money for nuisance claims.

This is different, so pay attention.

1 - This is your GF's claim, not yours. It is SHE that will have to make the claim with the owner of the building, not you. You cannot represent her. No one will give you the time of day about it. They will only talk to her.

2 - She's in the big time now. Her injuries are potentially worth 10s of thousands of dollars. She'll be dealing with insurance company pros and insurance company lawyers who will defend their insured all the way to a jury if there is no proof of negligence.

3 - As for the negligence aspect, you say the steps were not properly maintained. How so? You say a nail was sticking up? Did she trip on the nail? If not, then the nail is irrelevant. How, exactly did she trip and what, specifically, was wrong with the steps that caused her to trip? What time of day or night did this happen? How was the lighting? Had she been drinking or taking drugs?

4 - Was her accident reported to the owner of the building? If it was, what happened after that? What did the owner do? Did his insurance company get involved? Was anybody sent to inspect the steps? If it wasn't reported to the owner at the time and you have no photos how do you prove what happened and when it happened? Any witnesses besides you and she? Your testimony is obviously biased and would be given little or no credibility. Same as hers.

5 - Did she get immediate medical treatment? Emergency room? Personal physician? Surgery? Ongoing treatment?

Come back and address all those points.

Fortunately, MD has a three year statute of limitations so she's got some time and might be able to salvage her claim if she gets a lawyer and doesn't rely on you and your expertise at chump change nuisance claims.

1. I'm not a lawyer had no intent of representing her. Just the fact that I called those other suits "nuisance claims" shows a little self awareness.

2. Ok. Only evidence was photos I took of the steps that showed a nail sticking out a cm or teo, that I deleted. There is a possibility (remote) that I sent a copy to my work email.

3. The lighting for the basement was dim, again the step had a nail head raised off the ground.

4. Damn I just looked in my email, I composed a draft informing him of her injuries but it looks like I never sent it! I'll have to double check when I return to a desktop computer but doesn't look good.

5. She received emergency room treatment and xrays the same day. She had a crutch and a special seat.


Please let us know if this is worth taking to a lawyer. Thanks

 

[CTU]

The lawyers are going to make millions in a class action lawsuit against Equifax for this breach. The consumers effected will get a check for $7.34. I am willing to do the work to get mine just like the class action lawyers are,what's wrong here ?

If you can't see what is actually blindingly obvious ... you're going to get schooled.

 

[Hopkins21]

If you can't see what is actually blindingly obvious ... you're going to get schooled.

Yea I'll be 2-1 then. Lol

 

[adjusterjack]

2. Ok. Only evidence was photos I took of the steps that showed a nail sticking out a cm or teo, that I deleted. There is a possibility (remote) that I sent a copy to my work email.

If you have no photos of the conditions of the steps from back then, that's going to be a big problem.

3. The lighting for the basement was dim, again the step had a nail head raised off the ground.

During the time you lived there, how often did your GF walk up and down the steps? When did you first see the nail sticking up before the accident? "Poorly maintained" is subjective. Did you ever report the condition of the steps to the owner prior to the accident? And for a couple of bucks you could have put in a brighter light bulb. See where I'm going with all this?

4. Damn I just looked in my email, I composed a draft informing him of her injuries but it looks like I never sent it! I'll have to double check when I return to a desktop computer but doesn't look good.

No, it doesn't.

5. She received emergency room treatment and xrays the same day. She had a crutch and a special seat.

Contemporaneous medical records might be helpful.

Please let us know if this is worth taking to a lawyer.

It's always worth talking to a lawyer. Get her to a personal injury lawyer ASAP so she can review her options.

Yea I'll be 2-1 then. Lol

No. You'll still be 2 for 2. She'll be O for 1.

 

[justalayman]

Op didn’t say the nail actually had anything to do with the fall just that that was an example of claimed lack of maintenance.

Op didn’t say the incident was ever reported to the landlord

Op didn’t say if nail issue was ever reported to the landlord

Op didn’t give any reason girlfriend would prevail in court

 

[quincy]

What is the name of your state (only U.S. law)? MD

Hi.
My gf tripped and fell down steps in my old apartment about a year and a half ago. She broke her tailbone and big toe. She still has pain .

The laundry machine was in the basement. The steps were not properly maintained, there was even a nail sticking out a few centimeters on the one step.

I had a photo of this nail at the time, but it is since deleted from my phone. I didn't understand insurance, and didn't want to collect from the landlord who was at fault here.

Is there any point to brining a claim now with just the medical records (which detail a step fall) and no photos of the nail? Is their pain and suffering to collect? Thanks.

If YOU were aware of improperly maintained stairs or hazardous conditions, and these were not obvious defects that should have been noticed and addressed by the landlord upon a regular inspection of the premises, it was YOUR duty to warn your girlfriend of the hazard and to notify the landlord of the problem so it could be repaired.

If your girlfriend contacted the landlord at the time of the accident, the landlord could have contacted his insurer. If the landlord was never informed, it will be extremely difficult for your girlfriend to support a legal action against the landlord now.

You can encourage her to speak to an attorney for a personal review but that is about the extent of what you can do. And again, you could also be held liable for her injuries if you failed to warn her about hazardous conditions of which you were aware.

 

[Shadowbunny]

And again, you could also be held liable for her injuries if you failed to warn her about hazardous conditions of which you were aware.

Oh, sweet irony!