Should I sue? Need some input please.

[woofless]

Let me qualify first. I am against frivolous litigation. If I slipped and fell in a store I wouldn't holler unless there was a clear hazard caused by negligence. Last Oct. I fell off the top of a ladder that leads to the loft of our rented cabin. The ladder is the only way to get to the second floor. One must climb to the top and then stoop into a space just under 4 feet high to step into the loft. When I rented the place the ladder was just placed against the wall, unsecured. I hinged the ladder at the top securely to the floor of the loft.

As I stepped into the loft that fateful night I apparently bumped my back on the opening and lost my balance. I do not remember the accident, I was knocked unconcious. I fell about 9 feet and suffered compression fractures in two vertebrae (T7 & L1). I cannot sleep in a bed. I have a lot of pain, but it is not excruciating, just always there. It hurts to stand for any length of time and it hurts to sit up here and visit you folks. I have been unable to do much work. (I was unemployed at the time of the accident and remain so today.) I believe the configuration of the dwelling is in itself hazardous and the owner bears some liability for the accident. What do you think? I have avoided thinking about this, but now it seems I need to make a decision. Please post all thoughts. I have to go out for a while and will bookmark for later. I value the quality of thought here at DU and am interested in your input. I have not yet contacted an attorney. Thanks in advance.

Woof

[ihaveaquestion]

1. Contact an attorney.

Only an attorney can tell you if it's worth it to sue the owners.

[benburch]

2. Well, do contact a lawyer...

That is the only way to know what the law says.

I am not a lawyer.

I would have to say, however, the fact that you modified the ladder by hinging it to the upper floor, even though that makes it obviously safer, probably diminishes the liability of the landlord.

-Ben

[gulfcoastliberal]

3. Sue

Even if you don't go to trial, the owner's insurance company will probably settle with you; if they make you an offer you find reasonable. Even if it's only for medical expenses and not pain & suffering. Best to make a claim before any statute of limitations expires. As the others have posted, consult a good attorney first -- they can tell you what to expect.

[leftyandproud]

4. I don't think so

First of all, if you tried to sue, it would be hard to prove it was the owners fault that you fell..

Secondly, it probably isn't the owner's fault. He bought the cabin from someone else, or probably saved up all his life and thought "You know what?...I'm gonna buy me a cabin!" He probably shopped around and picked that one (or had it built by someone else...whatever the case may be). The last thing in his mind was the size of the loft crawlspace. Pretty much every loft like that is difficult to get into and just plain dangerous to crawl around. I'm sorry for your accident, but I don't think it's right to sue the owner. And if you do sue, it will be a tough one to win...costing you a lot in the process.

BTW, have you been to a chiropractor for your injuries? They work wonders on the back. I highly, highly, HIGHLY recommend you have a visit with a good chiropractor at least twice a week...They can do some nice stretching excercises with you, then work with a variety of therapies to heal the areas involved and get everything aligned properly. Give it some consideration, especially if it is covered by your insurance.

Good luck.

[Kamika]

5. Contact a lawyer and ask

If he think you got a chance he'll probably say it