My son tripped whose at fault

[Steelrateman]

My son tripped on an uneven sidewalk fell and broke his arm at the apartment we were living in about 3 or 4 years ago in Ohio. My son is now 7. We have been out of this apartment for 2 1/2 years and didn't do anything then because we feared repercussions from the landlord and were on month to month terms not a lease. The sidewalk is still uneven and broken in places. What is the statute of limitations for my sons injuries? Can the landlord be sued for anything other then medical bills (you can still see a small bend in the arm but usage isn't affected)? Can the landlord be required to repair the sidewalks?

 

[peter]

Whose fault is it ?????

WHY YOURS OF COURSE........for not talking pictures and suing for damages 3 years ago.

In fact most Judges would not evict a tenant because they filed a suit against the landlord.that would be retalitory evcition, which is Illegal.

Of course you would have been subject to eviction after the lawsuit, or a settlment.

So who's to blame for your medical bills........YOU ARE!

 

[Steelrateman]

Thank you Peter now that we have established this can anything still be done a friend told me recently that we have until my son is 18? Is this true in Ohio and can the landlord be made to fix the sidewalk so noone elses child loses half a summer to a broken arm? By the way I do have pictures of the sidewalk but i am the only witness to the fall?

 

[peter]

Do you see how this looks.....you need money so lets think here......Hmmm son breaks arm, lets see if sidewalk was fixed.hmmm no, lets take pictures.....hmmm were the pictures taken at the TIME OF THE ACCIDENT...with the date stamp on the back...noooo they were taken last month....

Hmmm you are the only witness......well get ready for them to ask for your financial records if you sue....I would!

 

[Steelrateman]

They can look at my records if they like My insurance paid the bills and Id be happy to allow the insurance company to be reimbursedand, have any pain and suffering money put in a trust for my son this is not about my personal gain. I am just wondering if I have anything to persue and the reasons are personal also as I've said before if he can be made to I want to force him to fix the sidewalk so no other child gets hurt because with this --- he won't fix it unless hes forced to.

 

[Steelrateman]

Also although the pictures are not date stamped because the camera is to old they were taken about a month after the incident and I do have witnessess to the condition of the sidewalk at the time. I just don't have any witnesses to the fall

 

[Kaboom]

It looks like your intentions are genuine, thats good. I would think (and I have by no means a law background) that by simply presenting the pictures to the appropriate local governing body that the landlord would be required to make the appropriate repairs within a reasonable period of time.

I have recently purchased a few rental properties, and I would certainly think that anyone who is made aware of a problem on the grounds would make arrangements to fix it.

Best of luck.

 

[Steelrateman]

Thanks for your input Kaboom I would have thought they would fix these things too until we asked for new linoleum on the kitchen floor because the old had been torn with jagged edges and sharp corners sticking up when we moved in about 2 years later when we were expecting our son we asked for new so that when he started crawling he wouldn't cut his hands or knees and we finally got new linoleum when our son turned two