On Jan. 6, 2010 I was checking my mail and then went to walk down the front steps leading to the sidewalk to get into my vehicle. My landlord had not shoveled snow or ice off the sidewalks or walkways all year. I fell going down the steps and broke my arm. The landlord said I need not pay Jan. rent for pain and suffering. I received a bill from the ambulance service and the landlord said I didn't need to pay this months rent(March. I told him I needed the name of his insurance company and he said he does not have insurance. He has stated to me that the next tenant that tries to sue him will be evicted. What should I do. I am on disability and would like some answers. It appears that I may need physical therapy. Any assistance you can provide will be appreciated.

This is one of those decisions you have to make yourself. But first let's see if you can produce evidence of the defect and duty to shovel.

The first question needing to be answered has to do with proving the property defect.

Do you have photographs of the condition that existed on the date of the fall? Do you have photographs to show the conditions as they existed all winter? Are there other witnesses who can corroborate what you describe as never being shoveled?

Then is the matter of whose duty it was to shovel the walk - the landlords or the tenants? Do you have a copy of the lease?

Is there insurance? How long has the landlord owned the property? If there is a mortgage in place certainly there is insurance.

Retaliation - If the property is covered under Iowa's Residential Landlord and Tenant Act then retaliation is prohibited. I would consider threatening to evict when a tenant tries to enforce terms of the lease to be pretty good evidence of retaliation.

If you have evidence of the defect and evidence to show duty then perhaps you have a case.

For good advice see a lawyer and if you have questions about this blog, the law or your case write or call me directly. Steve Lombardi, sdlombardi@aol.com and 515-222-1110. I handle all types of personal injury cases including car accidents, truck accidents, motorcycle accidents, workers' compensation cases. We help truckers all across the country who come through Iowa and end up in an accident. If we need other lawyers from other states we hire them and it costs you no more than what you would pay us; in other words, we split the fee between us. So call 515-222-1110 or email us at sdlombardi@aol.com.
Steve Lombardi, Attorney

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Tenant-Landlord Relations

Who is liable for medical expenses of someone shot in a home? Someone was shot in one of my rental properties. The tenants say they know nothing about it. The father of the victim (who doesn't live on property) has an attorney and is seeking damages. He claims his son was enticed into the property by assailants.

Does the apartment complex have to pay me for my knee injury? I fell down cement steps at a apartment complex. I landed hard on both knees and hands on cement walk below. I had to be helped up. I fell on 10/18/11, but one knee is swollen but ok, the right knee is not. Does the apartment complex have to pay for me to see a doctor about the knee I fell on their cement steps?

Who is liable if someone falls outside the building I run my business in? If I have a business, but rent the building my business is in, and someone falls outside, who is liable if they file suit? Me as the business owner, or the person that owns the building and property?