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Do I have a lawsuit?? Advice!

Posted by on Feb. 28, 2013 at 7:14 PM
  • 25 Replies

Hello! I'm going to try and keep this short...try! 

Two and a half years ago we moved into this house. We are renting it through a leasing company. It's two levels, with two sets of stairs going down stairs (split bi-level). When we moved in, there was no railing for the stairs going down the second set of stairs (seven stairs total). Eight months after we moved in, my mom fell down the stairs. She tore her achillies tendon, sprained her tailbone, and got stitches in her arm. Since then, she has had to have surgery on her achillies tendon because of the fall.

colorado state las says if you have more than 3 steps, there must be a railing. We bought the railing, and they installed it. They didn't install it in studs, and now it's coming out of the wall. We have always paid bills and rent on time, without any problems. We're worried they won't let us out of our lease, and are curious about if we have a case. We have renters insurance, and my mom has health insurance but she had to pay a lot of co-pays for special doctors. 


So, any advice would be awesome!!!

by on Feb. 28, 2013 at 7:14 PM
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Replies (1-10):
andreaw03
by on Feb. 28, 2013 at 7:16 PM

BUMP!

frndlyfn
by Emerald Member on Feb. 28, 2013 at 7:28 PM

Talk to an actual lawyer about this.   I wouldnt have moved into the house if it was missing those safety things since who knows if they took short cuts behind the walls.

SiempreSola
by on Feb. 28, 2013 at 7:35 PM
Get a lawyer.
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NDADanceMom
by on Feb. 28, 2013 at 7:38 PM
3 moms liked this

Why the hell cant people just help an old lady down the steps, refuse to move in without a railing or just suck it up?  Why do you have to sue?  Do you take no responsibility?  SMH.  

mrswillie
by Ruby Member on Feb. 28, 2013 at 7:39 PM
1 mom liked this

Really? Why did you not request one be installed prior to moving in? Why did you not sue when it happened? Why did you stay with the railing not being installed right? Why did you not request the railing be fixed?

hellokittykat
by on Feb. 28, 2013 at 7:41 PM

Sounds like you may have a case only if you made a complaint about having the railing installed before she fell. However, a good lawyer can turn any case into a winning one usually. I would post your case on legal shopping sites, such as LegalMatch.com and Avvo.com to see who is interested in your case and sometimes they provide a preliminary assessment free of charge. Personal injury cases are usually via contingency fee basis, in case you don't know what to expect... meaning the lawyers don't get paid unless you win. Also, the lawyer's fee is usually around 1/3 of the compensation you seek but no higher than that. I'm not a lawyer but have legal experience.

P.S. It also depends on the statute of limitations for your state and when the injury occurred. Most states have 2 years on average for you to file a law suit before you can't anymore. However, check with your state and a personal injury lawyer may know more about loopholes.

bowribbonmama
by Bronze Member on Feb. 28, 2013 at 7:41 PM
Not all moms who are grandmas are old. My mom will be 42 in September. Far from old.

Quoting NDADanceMom:

Why the hell cant people just help an old lady down the steps, refuse to move in without a railing or just suck it up?  Why do you have to sue?  Do you take no responsibility?  SMH.  

Posted on CafeMom Mobile
andreaw03
by on Feb. 28, 2013 at 7:46 PM

First of all, she's not an old lady. She's 53. We didn't notice know that it was a law to have a railing. I'm not wanting to sue, per say...I just want out of our lease. This isn't the only problem we have had. Pipes leaking, other things breaking, toilets leaking. And it takes them at a minimum of 5 days to get someone out to 'fix' things because they have to 'contact the owners and get permission' first. BUT, when this happened they said right away we could install the railing. No questioning the owners, nothing. I don't want to make money off this by any means, but something needs to be done. If I was looking for someone to criticize my decisions, I would have put that in the subject line. Thank you for the nice answers, the rude and uneducated answers are not necessary.

andreaw03
by on Feb. 28, 2013 at 7:47 PM

Thank you!


Quoting hellokittykat:

Sounds like you may have a case only if you made a complaint about having the railing installed before she fell. However, a good lawyer can turn any case into a winning one usually. I would post your case on legal shopping sites, such as LegalMatch.com and Avvo.com to see who is interested in your case and sometimes they provide a preliminary assessment free of charge. Personal injury cases are usually via contingency fee basis, in case you don't know what to expect... meaning the lawyers don't get paid unless you win. Also, the lawyer's fee is usually around 1/3 of the compensation you seek but no higher than that. I'm not a lawyer but have legal experience.

P.S. It also depends on the statute of limitations for your state and when the injury occurred. Most states have 2 years on average for you to file a law suit before you can't anymore. However, check with your state and a personal injury lawyer may know more about loopholes.



emilysmom8
by Dawn on Feb. 28, 2013 at 7:49 PM
How long do you have left on the lease?
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