Is my landlord responsible for my injury?

Lisa (Guest) on Friday, November 02 2012, 01:48 PM
I tripped and fell in common area of my apartment and broke my leg. The light has been out for months, which the landlord was aware of but hasn’t fixed. I couldn’t see in the dark, and tripped and fell and broke my leg. The landlord says I was partly negligent because I was carrying my laundry at the time. I want to know if he is legally negligent and responsible for this. I have medical bills and missed time at work, not to mention possilble future issues and expenses. I am planning to speak to a personal injury attorney soon. Thank you in advance for any help
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    Replied by Attorney Liam Floyd on Friday, November 02 2012, 01:50 PM · Hide · #1
    The landlord seems to be stating that you are at least partly at fault for causing your fall and injury. In Massachusetts, this is legally known as comparative negligence. Comparative negligence (aka Contributory negligence) however, does not bar one from recovering in an action for negligence which results in injury, so long as the comparitive negligence was not greater than the total amount of negligence attributed to the person against whom recovery is sought. Therefore, as long as your landlord was found to be 50% or more at fault for your accident, then you would still be able to recover against him for your injury. If it were determined that you were partly at fault, then any recovery would be diminished by your percentage of the fault. In your case, it is likely that you would recover in a claim against your landlord since landlords are liable for defects for which he or she has notice and fails to repair in a reasonable time.
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