Legal Question in Personal Injury in New York

My friend fell down my stairs last evening and I am a renter . Can she sue me . She fractured a rib and a seperated shoulder?


Asked on 12/22/10, 11:56 am

3 Answers from Attorneys

The short answer, yes. If you have renter's insurance, alert your broker or carrier to the accident details as soon as possible. You don't say what caused your friend to fall. Was there something structurally wrong with the stairs, a raised section of tile or carpet, a wobbly bannister, broken light fixutre, etc.? Or was it something more like grease, debris, liquid, etc.? The building owner may be responsible for a structural defect, as opposed to the tenant. Best, M. E. Zuller

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Answered on 12/27/10, 1:39 pm
Jason Kessler Law Offices of Jason B. Kessler, P.C.

The answer depends on what caused the fall and whose responsibility it was to maintain the property. It could either be you or the landlord that ultimately is responsible for your friend's

injuries.

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Answered on 12/27/10, 2:21 pm
Pasquale Calcagno Calcagno & Associates, PLLC

You may have liability but it depends on a number of factors. Typically the landlord will be the primary defendant that an injured party will go after, unless liability is clear with respect to something you were responsible for and you had renters insurance. The driving force is always who was at fault but an additional consideration is who has insurance.

Have your friend call me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free consultation if she has any questions. It may be a case that should be directed to your landlord and not you. It is important to contact a lawyer as soon as possible to sort this out so as to avoid liability against you.

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Answered on 12/28/10, 10:05 am


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