Legal Question in Personal Injury in New York

Personal Injury

I fell down my steps where I reside, due to the landlord not fixing the step, I broke my finger, and my butt bone, can I hold back rent untill stairs are fixed


Asked on 6/22/09, 2:36 pm

8 Answers from Attorneys

Pasquale Calcagno Calcagno & Associates, PLLC

Re: Personal Injury

Generally, you can certainly hold back rent for a dangerous defect such as that. However, there are notice issues and facts that I need before I can determine that for sure. Do you need an attorney handling the personal injury case. If you have any questions call me, Pasquale Calcagno, Esq. for a free consultation at 1(800)WE-FIGHT and visit us on the web at www.1800wefight.com. We have convenient locations all over New York and we can have an attorney come to you for a free consultation upon request. I look forward to fighting hard for your rights.

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Answered on 6/24/09, 10:20 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Personal Injury

You need to file an accident report with your landlord.

Are you still see a doctor?

Holding back on your rent is not a good idea.

Patricia Martin-Gibbons

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Answered on 6/22/09, 2:41 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Personal Injury

You need to file an accident report with your landlord.

Are you still see a doctor?

Holding back on your rent is not a good idea.

Patricia Martin-Gibbons

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Answered on 6/22/09, 2:41 pm

Re: Personal Injury

Why don't you consider making a claim for pain and suffering? Does the landlord have insurance? You should take photos of the broken step. I handle these type of cases so feel free to contact me.

As for your question, if you withhold rent, the landlord may sue to evict you. Its possible you will get a rent reduction but not certain. In addition, you may have to pay the landlord's legal bills.

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Answered on 6/22/09, 2:42 pm
David Owens, Esq. Molod, Spitz & DeSantis

Re: Personal Injury

You have several different options including suing for pain and suffering, as well as withholding rent and arranging for an inspection of the property for conditions which may constitute a breach of your warranty of hability. Please contact me to discuss this matter further.

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Answered on 6/22/09, 2:43 pm

Re: Personal Injury

Why don't you consider making a claim for pain and suffering? Does the landlord have insurance? You should take photos of the broken step. I handle these type of cases so feel free to contact me.

As for your question, if you withhold rent, the landlord may sue to evict you. Its possible you will get a rent reduction but not certain. In addition, you may have to pay the landlord's legal bills.

Read more
Answered on 6/22/09, 2:43 pm

Re: Personal Injury

Why don't you consider making a claim for pain and suffering? Does the landlord have insurance? You should take photos of the broken step. I handle these type of cases so feel free to contact me.

As for your question, if you withhold rent, the landlord may sue to evict you. Its possible you will get a rent reduction but not certain. In addition, you may have to pay the landlord's legal bills.

Read more
Answered on 6/22/09, 2:43 pm
Charles Gueli Law Offices of Charles R. Gueli

Re: Personal Injury

I would not recommend withholding rent as your landlord may initiate eviction proceedings. You may wish to bring a lawsuit for personal injuries. There are a few questions which must be answered: when did the accident happen? did you go to the hospital? did you make any prior complaints to the landlord regarding the condition? Feel free to contact me to further discuss this.

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Answered on 6/22/09, 2:48 pm


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