Not a chance

I'm afraid that you can not get anything from the building owner. No attorneys will be interested because the damage recovery is not that attractive. Your loss wage is probably not recoverable because you can work at home.

From a law point of view, since you are the tenant, not an invitee, the landlord's only obligation is to reveal any latent defects when you signed the lease. After that he owes no duty to you at all unless he takes on the repair but does it negligently. From what you said, the stair is obvious and can be seen and appreciated by a reasonably prudent person. It is patent defect so that the landlord does not even have duty to warn you of it.

If you fall and get injured in common areas like the hallway, the parking lot, then you may have a claim because it is the landowner's responsibility to maintain those areas.

Even if you can successfully convince the court that your landlord owes a duty to fix the stair, you still can not win the case because he has an affirmative defense. You said you slipped and fell at least times before. From the law point of view, you assumed the risk because you knew and appriciated the danger of the stair but voluntarily chose to expose yourself to it. Assumption of risk is a complete bar to your recovery.

From what I know, there is no case against the landlord. You can move to another apartment to avoid such things.

Good luck and get well.

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• Thank you very much, apt -笨企鵝- ♀ (249 bytes) () 11/21/2006 postreply 13:24:44