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Broke foot w surgery on apartment complex property

#1
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

Senior Member
#2
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?
 
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Just Blue

Senior Member
#3
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?
 

quincy

Senior Member
#6
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).
 

quincy

Senior Member
#8
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.
 
#9
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?
 
#10
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.
 
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#11
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.
 
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