Legal Question in Landlord & Tenant Law in Virginia
I tripped over some garden timbers that partially obstructed the sidewalk at the duplex I rent. (My landlord lives in the other unit.) This is not a new situation, but my foot got caught this time and I fell hard.
I had to go to the ER for a broken elbow; my pre-existing conditions required a heart monitor, CT scan, and IVs. I had to purchase pain medication, and will need to follow-up with an orthopaedist for my arm and with my regular doctor, and physical therapy may be needed. All total, I have no idea what it will cost, and I have no health insurance.
Do I have a case for my landlord's homeowners or liability insurance to cover my expenses? How do I go about that? Do I need to consult an attorney first?
1 Answer from Attorneys
Assuming that the landlord is responsible for this obstruction, you could add up your out of pocket expenses(including any future medical treatments which may be reasonably required) as well as any lost wages
resulting from this fall and present it to the landlord for submission
to whatever insurance carrier he has that might cover it.
You should probably bear in mind, however, that your landlord may use
your claim as a justification for taking some adverse action against you which
could possibly include his decision not to renew your lease.
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