Q: If my landlord does not fix something. That i have been telling him about. And i get hurt because he didn't fix it.
What do i do??
A: Even if you never told your landlord about the dangerous condition that caused you injury, you may have a legal remedy. In your case, the landlord has actual knowledge of a dangerous condition and that makes your case stronger. If you did not advise of the condition in writing and the landlord disputes being told, you will left to your proof. Also, the test for negligence is whether a person acted reasonably in light of all of the circumstances. So the period of time that elapsed between you telling the landlord of the condition and the injury is important as is the level of danger the condition exposed you to. There are a number of other factors which would also factor in here. The dangerous condition could have been in violation of the BOCA code or the landlord could have had other tenants injured by a similar condition. There are many shades of grey in the law and especially when we are talking about premises defects causing injury.
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