Q: I tripped and fell at my condo complex due to unrepaired concrete after tree roots shifted curb and stairs. I injured my
left knee, and 14 months layer, I just completed a torn meniscus surgery. Can I sue the condominium complex for my expenses? The curb repairs have still not been made
A: It is possible that you have a cause of action against the condominium complex, but an attorney must know more specific facts in order to provide you with a comprehensive evaluation of the merits of your claim. Were there signs, or did you see the unrepaired concrete? How long has it been like this? Was it dark when you fell? Did you immediately report the fall to the condominium complex? In any event, I would recommend organizing all information related to this situation, including all pictures and correspondences with the complex, and consult with a personal injury attorney immediately. Many of us offer free consultations and will represent you in this matter on a contingent basis, so it will not cost you anything out of pocket to obtain the opinion and representation of an experienced professional that is tailored to the details of your specific situation.
A: Yes. But the burden of proving the defect will be on you. You will have to prove that this defect, as you described, was known to the condominium association, its management and perhaps other contractors, but they chose not to repair. It also is on you to show that the defect was not "open and obvious" and thus avoidable by you. I would urge you to photograph the area very carefully if you haven't already. Most importantly contact an attorney who can help you with this.
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