If the ladder has been there for several days, you knew the ladder was there and it could be considered your fault as you were aware the ladder was there and you tripping over it would be negligence on your part.
If you went to bed last night and came out of your rental unit and tripped over the ladder, you might find the court more friendlier to you and the negligence on the part on the part of the landlord.
For what reason did you mention the moving of the mat and trash?
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
If you were to sue, you'd only be awarded actual damages- aka medical bills. So, you'd need a doctor to diagnose you (tripping doesn't cause pinched nerves, btw) and include in his opinion that the injury is the result of your trip. Then you'd need to prove that you tripped, that the ladder isn't yours and/or that you didn't stage the yard for your photo.
Looking at your picture your details don't make sense. If they come to cut your lawn, they didn't do it the day that this picture was taken. Your porch is cluttered, but not by trash or any items an electrician would leave behind, and there's no conceivable reason they'd leave a ladder behind, let alone in the middle of the yard.
Most cases never go to court. Anyone can sue for anything. Have you sued anyone recently which makes you a litigious person - they check the court records. If you genuinely suffered injury make a demand [written request] for your medical costs. In situations like this usually it is the attorney that gets most of the money. You stand to cover your costs but you will have attorney's fees if it is negotiated. Most attorneys will settle before going to court rather than risk loosing at trial. They tempt you with big statements [I didn't say promises, a good atty never makes promises] and then as time [read their billable hours] goes up and up they tell you your case isn't that strong [but the billable hours remain] in an attempt to get you to settle, a sure bet for them as opposed to the risk of loosing at trial. If it goes to a trial and atty must prepare for trial the percent an attorney gets goes up exponentially and they get their cut and you get what's left . Most cases never go to trial but after taking depositions and consulting expert witnesses and maybe a year or two of back and forth you will end up with not much. Don't be tempted by what you read in the papers. Those cases are few and far between. If you have medical coverage use your own insurance although I would put landlord on notice. Of course this will ruin your relationship so be prepared to move unless your state has anti-retaliation laws in place for tenants [CA and a few states do]
You can sue for whatever you want, but you won't win. You keep saying it was pitch black outside; however, the sole picture you have shows a well-lit walkway and an easily avoidable ladder that's barely on the walkway.
The trash (which I doubt they left--you expect people to believe that landscapers left a Swiffer and a few athletic balls on your porch? Yeah right!) and doormat are completely irrelevant. Get over yourself. You're being litigious for no reason. Unless you actually have a doctor verify that this accident caused a pinched nerve, you have no case.
It is possible, but the cost of court and the probability of not winning is too strong to advise you to sue.
Also, back injuries are the worst to make claims on. Because most people had pre existing back issues before the fall.
It sounds unfair but that is the way life is.
I doubt if you can afford an attorney that would be able to take this to court.
You would have the burden of proof and it would not be cheep or easy to do
Just deal with it Next time you see a ladder, watch your step.
Your picture only proves you wrong. It looks pretty well lit in that area, it is NOT sticking that far out into the walk way & it appears pretty easy to avoid stepping on it. The fact you were not paying attention to were you were walking is not their problem. I'm 3/4 blind in my right eye & I don't think I would have stepped on it.
The trash & the mat are just petty to even bring up. whaaaaaaa they moved my stuff. Stamp your feet, grow up & get over your self.
EDIT: NO it is NOT just the flash. and yes I already took that into consideration. The stair light & some other outside light seem to be giving plenty of light to see the ladder. The stairs appear well lit even taking the flash into consideration & there is a shadow from another outside light indicating there is enough light to create a shadow ALSO NOT from the flash.
When you sue someone, the burden of proof is yours. You need to prove that the ladder caused your injury. Do you have videos or pictures of your tripping over the ladder, of course not. You must also prove that you didn't contribute to the accident. Where you intoxicated or high?
Having a picture of a ladder laying on the ground is not proof; you could have placed it there yourself.
Take care
Wow, so many bad answers.
Gross negligence allows you to collect medical bills, loss of consortium, loss of income, and mental stress.
Loanmaster is correct in that if you knew the ladder was there, didn't move it, and tripped on it after you realized it was there, your chances of winning are smaller. If you didn't know the ladder was there and tripped on it, there may be a lawsuit.
3/4 of the folks here haven't realized that there is a flash on your camera and that's why the ladder is illuminated. That's why the bike reflector is lit up as well.
But again, if you saw the ladder there at ANY point and didn't move it, it will be hard to gain any favor with the judge. It's possible to still win something, but most judges will ask you why you didn't move it. It's not a like a broken step or a sidewalk crack - things that the landlord needs to fix. It's a moveable object that you could have picked up had you seen it before.
The mat and the trash have no bearing on the lawsuit. Workers won't always leave stuff the way you want, so you get out there and move it back. If they leave trash lying around, call them, and the landlord, and complain.
Your lawsuit is with the landscaper, not the landlord, but an attorney may choose to pursue both just to cover everything and to try and get a larger settlement. The adage really is "Sue everyone and sort it out later".
Edit: People in this section don't like it when they are wrong.
Yes, the stairs have adequate lighting and absolutely provides some ambient lighting.
A "Pinched Nerve" a laymen's term for an actual medical diagnosis and could absolutely be used as the basis of a lawsuit. http://www.mayoclinic.org/diseases-condi... - CPT code 724 with a few modifiers available. I'm not sure where Χαλαρ?'s medical degree is from. http://www.icd9data.com/2012/Volume1/710... An injury like this can be from a number of things, including a trip and fall, a sneeze, a car accident, or even bending over to pick up a gum wrapper. Can the asker prove it was from a trip? Nope. In civil court, he would need to provide proof that gives a jury or judge 50.1% confidence that the injury was from a trip, that a trip occurred in the manner it is represented in court, and that the landscaper was negligent and therefore liable.
The wide range of answers on here, answers from mostly people who are landlords, shows the need for you to get an answer from a personal injury attorney in your state. Once you get that consult, please be sure to come back and update this question with what he said.
That's a good question but let me go off topic for a little bit. For the last 3-4 months i've been earning $400/day cheating at online roulette. There's a step-by-step video guide on youtube that taught me how. Check it out: http://www.youtube.com/watch?v=WJ1EkL8pt...
Sure, are you going to win...probably not. It is your house and you fell over something which is well illuminated (per your photo, which would be your evidence). I realize you used the flash...wrong move.
Realistically, they will throw out contributory negligence and you might get a couple of bucks.
My landlord has their own electrical company and their empolyees come cut our grass every week... They left a ladder outside on the ground which I tripped over (now i think i have a pinched nerve in my lower back), and they left trash outside on my steps and moved my door mat and never replaced it. Can I sue my landlord for tripping over over the ladder and hurting my back?
This is not necessarily a hazard. If you can walk yourself down those stairs you have the ability to remove those obstacles in your path. Did you complain about it ahead of time? If you did you can seek legal counsel in your area but you might want to be prepared to be laughed out the door over something this frivolous.
Sure, just get a judge to buy into the fact that you couldn't have seen the ladder there. Come on.
If you can prove negligence by the landlord, then you may be able to sue for your medical bills.
Have a go but find another landlord as well.
not directly - you'd need to pursue legal action against the company that was contracted to do the yardwork since it was they that caused you to 'hurt your back' not the landlord directly.
No it's clearly light enough
Probably not able to win
Ever heard of "contributory negligence"?
Yep!!!
Good luck!
you can certainly try
