Injured on property

By Heather

I moved into a duplex in November, 2009.  Before I moved in, my landlord replaced some broken windows.  He broke out the old glass and left it where it fell.  He was aware that I have 2 children, ages 5 and 2.  He has been asked repeatedly by me and the other tenant to clean up the glass.  Since he had taken no action and the weather is getting warmer, I decided to clean up the glass myself before my children could get hurt.  On April 1, 2010, I was on my knees picking up the glass and reached behind me for my gloves.  I lost my balance and fell on the pile of glass I had gathered up.  Long story short, I ended up in the emergency room and had to have surgery the next day, April 2, 2010.  The main tendon in my wrist was severed, along with ligaments, cartilage, nerves, etc.  Thank God, it missed the artery.  My landlord claims he has no insurance and he isn’t liable.  This was a safety hazard that he knew about for months.  My priority was the safety of my children.  Do I have any recourse?

Edited on: Wednesday, April 7th, 2010 8:21 pm

3 Responses to “Injured on property”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)


April 8th, 2010 1:25 am

Hmmm… Not to sound too judgmental, but it almost seems like you trying to set-up your landlord for some type of lawsuit.  I sure hope you haven’t been scheming some way to potentially sue your landlord.  Seems to me like you had an accident that probably was just as much your fault as it was your landlords.  Yes, your landlord should have cleaned up the glass and should be liable if any real neglect exist.


April 8th, 2010 3:12 am

Obviously, it’s a matter of perspective, Landlord.  “Set-up”?  “Scheming”? My right wrist was injured and I happen to be right-handed.  Have you ever tried to get dressed with one hand?  Or change a diaper? Not to mention the pain!
All I want is for my landlord to cover my medical expenses.  They wouldn’t exist if he had cleaned up after himself months ago when he made the mess.  He had numerous reminders that the situation still existed, yet refused to take care of it.  Doesn’t that constitute “real neglect”?
I have no insurance and can’t possibly afford upwards of $15,000 in medical bills.  I’m unable to work as well.  I suppose I can comfort myself with the thought that it was “as much my fault as his”.

Sara Gibson

April 8th, 2010 12:34 pm

I agree with Heather… don’t be so quick to judge her.  If she was trying to set the landlord up for a lawsuit she would have already hired an attorney.  The fact that she has come here to ask for an opinion on how to handle this would lead me to think that she is only interested in covering her actual cost and not trying to take the landlord for everything he’s got.
Heather, don’t worry about what “Anonymous” said.  He or she didn’t even put their name.  Obviously some passive aggressive person that hides behind their keyboard.
The big landlord question: Should your landlord be responsible if you got injured at their property?  YES!!  Absolutely yes.  Regardless of whether he has insurance he is still liable.  Much like if you got in a car accident you would be responsible even if you didn’t have insurance.  The problem though is that it might be hard to get your landlord to pay.
Most likely you will need to get some legal help.  You could start by filing a complaint with the RPA this way you will document that the landlord failed to clean up the glass after many request.
Your landlord is liable, that’s for sure!!


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