A question for people with legal knowledge..

Avatar image for methodman008
MethodMan008

1041

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#1  Edited By MethodMan008

So my apartment is down one flight of stairs..  The stairs are have zero light at all, so at night it is difficult to get myself down the stairs... 
 
If I were to fall down the stairs...  Would I be able to sue my landlord?  Just  curious...  Thanks.

Avatar image for bravetoaster
bravetoaster

7756

Forum Posts

250

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

#2  Edited By bravetoaster

Yes, you can sue. You would have to pay the Supreme Court 30 rupee for the court fee.

Avatar image for three0nefive
Three0neFive

2446

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#3  Edited By Three0neFive

Probably.
 
Admit it, though, you're going to fling yourself down those stairs no matter what anyone in this thread says.
 
Also, they can check the cameras if they have them there. And if you do sue, have fun looking for a new place to live.

Avatar image for fourwude
FourWude

2274

Forum Posts

0

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

#4  Edited By FourWude

Don't do it on purpose duder.

Avatar image for methodman008
MethodMan008

1041

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#5  Edited By MethodMan008
@Three0neFive said:
" Probably.  Admit it, though, you're going to fling yourself down those stairs no matter what anyone in this thread says.  Also, they can check the cameras if they have them there. And if you do sue, have fun looking for a new place to live. "
Haha..  I got like 4 months of rent paid, so hopefully I'll find a better job before worse comes to worse, or whatever that expression is...  and nah they don't have any cameras.  :O
Avatar image for theunsavedhero
TheUnsavedHero

1327

Forum Posts

8

Wiki Points

0

Followers

Reviews: 1

User Lists: 3

#6  Edited By TheUnsavedHero

Most likely.  The landlord is responsible for providing safe living structure in exchange for the rent money. Stairs that are not properly illuminated by a light source at night does presents a hazard of potential bodily injury. Now I'm not a lawyer, but I'm going on common sense and the fact that I have a friend that is a landlord that had to deal with a similar situation. 

Avatar image for unchained
unchained

1091

Forum Posts

216

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

#7  Edited By unchained

This thread can now be used as evidence that a fall down the stairs was pre-meditated. Case dismissed.  
 
On a serious note, I'd go over your tenant contract carefully. In most cases, the landlord is obliged to ensure that the common property is safe. If there was any clause that states that it is the tenant's responsibility to report any safety hazards, and you signed the contract, then you're pretty much boned. 
 
I'm not a lawyer though, so I could be talking completely out of my ass.  

Avatar image for sethphotopoulos
SethPhotopoulos

5777

Forum Posts

3465

Wiki Points

0

Followers

Reviews: 2

User Lists: 8

#8  Edited By SethPhotopoulos
@Unchained said:
" This thread can now be used as evidence that a fall down the stairs was pre-meditated. Case dismissed.   "
I think that is true too. 
 
You better hope your fall isn't even an accident or this thread will be your "DOWNFALL"
Avatar image for methodman008
MethodMan008

1041

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#9  Edited By MethodMan008
@SethPhotopoulos: all puns aside, I use a distorting proxy, so I think i'm fine if god forbid I trip down the stairs.
Avatar image for branthog
Branthog

5777

Forum Posts

1014

Wiki Points

0

Followers

Reviews: 2

User Lists: 0

#10  Edited By Branthog

The General Discussion forum of a video game site certainly seems like the best place to go for your question.

Avatar image for methodman008
MethodMan008

1041

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#11  Edited By MethodMan008
@Branthog: It was either here or Deadspin... 
 
I figure their are a few lawyers that are GB members.
Avatar image for afroman269
Afroman269

7440

Forum Posts

103

Wiki Points

0

Followers

Reviews: 0

User Lists: 6

#12  Edited By Afroman269

Better hope you don't break your neck and die by some freak accident.

Avatar image for nohthink
nohthink

1374

Forum Posts

111

Wiki Points

0

Followers

Reviews: 1

User Lists: 2

#13  Edited By nohthink
@MethodMan008: Let me analyze this thing(I am currently studying law so this kinda thing keeps me sharp lol) 
 
1. Is there an actual lamp? If so, you should tell the landlord that lamp is not working. If there is no lamp, I would probably do some research on building regulation. I bet there are some laws regarding the lighting of the buildings. 
 
2. About you falling... 
 We hear a bunch of stories about McDonald losing a case for making a cup of coffee too damn hot but really, that kind of thing rarely happens. It does happen, don't get me wrong. But really, it's not worth the risk. If you actually fall and sue them, the chances are the landlord is gonna give a compensation money(but don't count on it) rather than going all the up to the court. With that said, if I were you, I file a formal complaint to the landlord and do some research on building regulation since that is the safest and cheapest option.
Avatar image for crazedmaverick
CrazedMaverick

224

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 2

#14  Edited By CrazedMaverick

I just moved into an apartment, and I don't know much about law. But don't you have to sign some liability release form or something before you move in. I'm pretty sure I had to sign something along the lines of, if I trip and fall on stairs or a broken floor board it's my own fault and I can't sue the landlord.

Avatar image for methodman008
MethodMan008

1041

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#15  Edited By MethodMan008

Nah there is no lamp in the stairwell at all. 
 
Thanks for the response. 

Avatar image for sparky_buzzsaw
sparky_buzzsaw

10175

Forum Posts

3772

Wiki Points

0

Followers

Reviews: 39

User Lists: 43

#16  Edited By sparky_buzzsaw

I'm guessing we have a guaranteed future entry in the Darwin Awards here.

Avatar image for detectivespecial
DetectiveSpecial

472

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

#17  Edited By DetectiveSpecial
@nohthink said:
" @MethodMan008: Let me analyze this thing(I am currently studying law so this kinda thing keeps me sharp lol)  1. Is there an actual lamp? If so, you should tell the landlord that lamp is not working. If there is no lamp, I would probably do some research on building regulation. I bet there are some laws regarding the lighting of the buildings.  2. About you falling...  We hear a bunch of stories about McDonald losing a case for making a cup of coffee too damn hot but really, that kind of thing rarely happens. It does happen, don't get me wrong. But really, it's not worth the risk. If you actually fall and sue them, the chances are the landlord is gonna give a compensation money(but don't count on it) rather than going all the up to the court. With that said, if I were you, I file a formal complaint to the landlord and do some research on building regulation since that is the safest and cheapest option. "
Currently Pre-Law, and I would second the above.
Most states have very strict regulations and code for landlord/tenant situations. While the burden would be on you to prove that the cause of your fall was SPECIFICALLY due to the lack of lighting provided by your landlord, it is not uncommon for small claims courts to be biased towards the tenant, if you want to chance it.
It is not enough that there is no lighting in your stairwell - you have to prove negligence. In your case, that would be showing the court that you had previously addressed the lighting issue with your landlord and it was ignored.
 
Oh, and contemplate your own ethical standards.
Avatar image for andrewgaspar
AndrewGaspar

2561

Forum Posts

869

Wiki Points

0

Followers

Reviews: 2

User Lists: 8

#18  Edited By AndrewGaspar

I hate you. Please go throw yourself down those stairs and die. 
 
People like you don't deserve to share the same air as the rest of us. 
 
If it's that big of a deal, go kindly tell your landlord you would appreciate a lamp there and he'll probably install one. They're not expensive. If he won't, offer to buy it yourself to keep your pathetic ass off crutches.

Avatar image for methodman008
MethodMan008

1041

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#19  Edited By MethodMan008
@DetectiveSpecial said:
" @nohthink said:
" @MethodMan008: Let me analyze this thing(I am currently studying law so this kinda thing keeps me sharp lol)  1. Is there an actual lamp? If so, you should tell the landlord that lamp is not working. If there is no lamp, I would probably do some research on building regulation. I bet there are some laws regarding the lighting of the buildings.  2. About you falling...  We hear a bunch of stories about McDonald losing a case for making a cup of coffee too damn hot but really, that kind of thing rarely happens. It does happen, don't get me wrong. But really, it's not worth the risk. If you actually fall and sue them, the chances are the landlord is gonna give a compensation money(but don't count on it) rather than going all the up to the court. With that said, if I were you, I file a formal complaint to the landlord and do some research on building regulation since that is the safest and cheapest option. "
Currently Pre-Law, and I would second the above. Most states have very strict regulations and code for landlord/tenant situations. While the burden would be on you to prove that the cause of your fall was SPECIFICALLY due to the lack of lighting provided by your landlord, it is not uncommon for small claims courts to be biased towards the tenant, if you want to chance it. It is not enough that there is no lighting in your stairwell - you have to prove negligence. In your case, that would be showing the court that you had previously addressed the lighting issue with your landlord and it was ignored. Oh, and contemplate your own ethical standards. "
Ok cool, thanks for the info.  And yeah, I don't plan on doing anything nefarious unless I can't get a decent job in 4 months, so the chances of that happening are pretty much zero.  But I do drink a lot and walking down the stairs around 2 or 3 in the morning can be pretty damn difficult sometimes..   But I would assume if I was drunk at the time I would be liable for my own injury?
Avatar image for methodman008
MethodMan008

1041

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

#20  Edited By MethodMan008
@AndrewGaspar said:
" I hate you. Please go throw yourself down those stairs and die.  People like you don't deserve to share the same air as the rest of us.  If it's that big of a deal, go kindly tell your landlord you would appreciate a lamp there and he'll probably install one. They're not expensive. If he won't, offer to buy it yourself to keep your pathetic ass off crutches. "
I've called my landlord several times in the past month to come remove the disgusting ass toilet seat that was here when I moved in...  I tried to do it myself but one of the screws was already stripped so I can't do it.  So it seems apparent to me they don't give a fuck.   But thanks for the concern.