Arlington, VA asked in Personal Injury for Virginia

Q: I informed my landlord about a crack in the steps leading up to my unit but he never did anything about it. I

subsequently tripped and broke my wrist. Is he liable for my medical bills?

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1 Lawyer Answer
Jay Braddock Jackson
Jay Braddock Jackson
  • Fredericksburg, VA
  • Licensed in Virginia

A: Probably not. Since you had notified your landlord, that shows that you were aware that the crack was there prior to your fall. Being aware of a dangerous condition and choosing to use that route anyway, MAY be considered to be negligent on your part. While this does not diminish your landlord's negligence at all, the law in Virginia essentially says that if you share any of the negligence in an accident, even as little as 1%, you are barred from a recovery. Since these steps led to your unit, you probably did not have another route to take, but you were clearly on notice of the dangerous condition prior to the fall. Of course each case must be examined on its own merits so I recommend you discuss the case with a personal injury attorney near you to be sure.

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