Question:
A couple of weeks ago, I slipped and fell while stepping down onto one of the stairs leading off of my back deck. I got a concussion and hurt my back and neck too. I rent the house. The stairs are made of wood and are warped so that they are not level and slope toward the ground. I told the landlord about this problem several months ago but he did not fix the stairs. I asked my landlord to pay my medical bills but he has refused. Can I force my landlord to pay my medical bills? My landlord says that since the stairs are open and obvious, he does not have to pay my bills.
Answer:
First, you should look at your lease to make sure that you did not agree to maintain the stairs in your lease, if the lease is for more than 1 year. If not, then you have a claim against your landlord. A landlord has a duty to keep the premises fit for the use intended and in reasonable repair. The open and obvious defense does not apply to a claim against a landlord for failure to maintain the premises in reasonable repair and to keep the premises fit for the use intended. Thus, you have a claim against your landlord.
You should contact me immediately. I offer a free initial consultation. And remember, we do not get paid unless you win!
Daniel W. Mabis is with the law firm of Matecun, Thomas & Olson, PLC in Howell. He answers readers’ questions on legal matters affecting individuals, their families and their businesses. Email questions to [email protected], or if your question is urgent, call (517) 548-7400. The information in this column is not intended as legal advice.