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Any monetary recovery of damages in a slip-and-fall injury claim usually turns on whether the owner or the operator of the premises had a notice of the defect/condition that gave rise the injury and a reasonable opportunity to fix the problem, but failed to do so. Thus, if you are a tenant at a certain property that you are renting, and you noticed a certain, potentially dangerous condition, such as defective deck, or unstable porch/stairs, you should notify your landlord of that condition in writing as soon as possible and request on prompt and thorough inspection and repairs. If the landlord doesn’t respond to the letter promptly, you should call the owner and follow up with another letter.
The above strategy is useful for two reasons. First, any prudent and responsible landlord will appreciate this type of concern and will act promptly to remedy the dangerous condition. Secondly, having copies of the letters that you sent that notifying your landlord of the dangerous condition will be a very important evidence in proving any potential injury resulting from failure to repair the condition such as faulty floor, leaking roof, bad plumbing, etc... that lead to an injury of a tenant or a guest at the subject property. If you don't have any evidence of the owner having a notice of the dangerous condition in question, then it will be very difficult or even nearly impossible to win the underlying injury case. Comments are closed.
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