by grammydeb159022000 » Thu Nov 29, 2012 04:07 am
my mother in law fell backwards down steps leading up to her apartment (inside steps) she hit her head and this resulted in trumatic brain injury and she died 15 days later..she was non responsive from the time of the fall to her death. there was no medical reason for her fall, and we have no idea what made her fall. i had asked her landlord if he had contacted his insurance company due to it being a fall and he said no he wasn't doing that for he dont know why she fell??? is this accurate? thanks deb
Posted: Tue Dec 18, 2012 04:23 pm Post Subject:
i had asked her landlord if he had contacted his insurance company due to it being a fall and he said no he wasn't doing that for he dont know why she fell??? is this accurate?
Accurate as to what? What the landlord said?
If you believe negligence was involved in your mother-in-law's fall and death, then you have to sue the person believed to be negligent.
There is probably no negligence here. Falls are not always the result of someone else's negligence. A person could faint, have a stroke, suffer a heart attack, or anything similar, none of which involve negligence.
Posted: Wed Dec 19, 2012 02:53 am Post Subject:
To recover from the landlord’s insurance carrier the landlord must somehow be at fault; a landlord is not automatically responsible simply because he or she owned the stairwell. Examples of how a landlord might be responsible for the fall include: improper lighting, something spilled on the stairwell, broken steps or railings, carpeting that is loose, etc. All of these require some element of prior knowledge by the landlord before liability can be imposed. Under some circumstances, a landlord could be responsible for the fall even he or she had no prior knowledge, if for example the design or construction of the steps somehow contributed to the fall.
Add your comment