Should I Hire a Lawyer due to Fall on Ice?

WHEN: 12-3-07
WHERE: Parking lot next to the office building at my apartment complex - I was dropping off my rent check
WHAT: I fell on the ice in the parking space in front of the office breaking off about 1" of my ulna (olecranon - the pointy bone in/of your elbow). They had plowed after a snowfall on 12-1, but didn't get the ice underneath due to freezing rain. No salt or sand is EVER used.
WHAT ELSE: I called the manager about it and asked about liability insurance. She claimed to have no clue about such things and that the head office keeps that info from her. I requested she find out and contact me. Also left a message. No reply. Then I emailed the head office about a week ago. No response. I was off work for 4 weeks @ 65% of my regular pay.

I plan on calling the head office next week if they don't respond by then. I'm an artist/graphic designer and I'm right handed. It was my right elbow that I broke. Also severely sprained my wrist.

If you were in my place, what would you do?

I had surgery to repair my broken bone as well; 2 pins and a wire.

I am not sue happy, but the complex has a responsibility to make it safe for the tenants in the public areas (parking lots and sidewalks). They were negligent, get a lawyer to talk to them; you will get more out of them quicker that way then just you doing it. Right now you are not a threat to them doing it on your own.

I can only wish you luck. If you were to sue me I would counter sue. Report It

What would I do? - I would be careful when walking on ice. I would realize ice is slippery. I would remind myself that I am responsible for my own actions.

Your disability and balance issues work against you, not for you. Unless they have a statuary or contractual requirement to remove ice and failed to do so they are not required to remove the ice. You knew you had a problem walking on ice, yet you chose to do so anyway.

Get a lawyer. The office should legally have to pay your medical bills and time missed off work. I don't think any lawyer would not take the case, and if you win, the defendants have to pay court costs, too. If you lose, you usually don't have to pay the attorney.

Ask God to pay for your medical expenses, because I don't think the apartment complex made the snow fall or the ice form.

I have no clue. If you live in a city prone to snow and ice all the time then it should of been expected. You should of watched yourself more carefully. I know I just move to a snow icey climate and there is ice and snow everywhere. In the parking lots and sidewalks. If I slip in the parking lot or sidewalks I doubt Ill get anything. No one can control ice and snow outside in those climates. But its your choice. if you believe they are at fault and you deserve a settlement then go for it.

I'd stop trying to find a reason to blame someone else for your own carelessness. Should I have the right to sue the city if I get into an accident while snowing because they haven't put salt down yet. Didn't think so, so why should you sue him?

You have the right to file a claim against the liability insurance of the complex. They have to have it and they have to respond. You may have to employ an attorney to get them moving.

Feel stupid and go on with my life. I wouldn't sue someone b/c I fell on ice that is obviously slippery.

If there's snow on pavement, and the snow is plowed, guess what's under it? ICE! You're supposed to KNOW these things when it's cold out and wear appropriate shoes. Whose fault is it when you spin out on an icy patch on the highway? YOURS for not taking due care.

> to the 1st answerer: i have a disability, and i have trouble keeping balance on ice. i've lived in minnesota all my life, so i'm fully aware that ice is, indeed, slippery. thanks, anyway.

That is certainly going to count against you in a court opinion - the liability may be at least partially yours.

I don't think suing someone is the answer.
Obviously there was no intent there to create unsafe conditions and people fall on ice all the time- heck 2 winters ago i busted my butt in the parking lot at work and gave myself a pretty knot on the head and a wicked case of whiplash( where my head bounced off the pavement).
I certainly didn't sue anyone for not noticing where I was stepping.

This was no one's fault - just like my fall- but your own.

I wouldn't sue. There are way too many silly lawsuits taking up space in the courtrooms in place of people who have real crimes or real suits. You fell on ice... it is a natural element and the owner of the building can't take responsibility for mother nature. You should know that ice is slippery!!! If you don't know that, then you have more problems than falling on some ice!

you may or may not have a case.
liability does not necessarily pay they will investigate and determine if you had any fault, they very well may pay. the apartment manger is at least responsible to report the accident ignorance is not an acceptable excuse. give the manager 24 hours to have someone contact you or you will seek legal counsel. i am not saying they are responsible or owe you anything, i am saying that they are expected to file your claim and immediately contact you and are irresponsible for not doing so. if they don't contact you immediately i am confident an attorney will assist you.

Any reasonable Judge would say that this (ice) is not a one off occurrence and that YOU should have been more careful.