Comments for Woman sues after she trips in her kitchen

Woman sues after she trips in her kitchen

2009-10-23T21:59:51Z

A woman is suing her landlord after she tripped and fell in the kitchen of the apartment she was renting.

According to the complaint, on October 29, 2007, Evelyn Rodriguez tripped and fell due to a "dangerous condition" in the apartment "specifically a change in elevation of the flooring in the kitchen."

Read the complaint after the jump.

For Tweets of recent legal filings and legal news, follow me on Twitter at jenfernicola.

10 23 09 Rodriguez v Hernandez -

Comment from jack on 2009-10-23

2009-10-23T23:12:04Z

Doesn't allege whether the apartment was in the plaintiff's or defendant's exclusive possession, which would seem to be necessary for a tort action. Doesn't allege that defendant had breached a covenant in the lease. Nor does it allege that the landlord turned over possession of the apartment in a defective condition.

Probably just involves an insurance company, anyway.

Comment from Duke on 2009-10-25

2009-10-25T12:33:32Z

As a landlord you just can't win nowadays. With all these greedy peoples and lawyers it is hard to get ahead. I'm sure that she knew the condition of the floor before hand. Is this idiot related to Chris Kelly's girlfriend?

Comment from john on 2009-10-25

2009-10-25T19:02:49Z

Lucky she remembered afet two years. My guess is that the statute of limitation almost ran oput. Maybe she will take her 50,000 and go back to mexico

Comment from Midnight Rambler on 2009-10-26

2009-10-26T18:57:49Z

I say we get the $50,000 and send John back to Poland

Comment from lender3 on 2009-10-26

2009-10-26T19:59:54Z

Are you kidding me? I would like to meet the lawyer that took this case and choke him out...

Comment from Lawbro on 2009-10-27

2009-10-27T20:14:41Z

First, a word about the $50,000: When you file suit in Cook County you are required to choose one of two options, that the value of the case is either greater or less than $50,000. This amount is meant to reflect the perceived value of the injuries the client sustained, whether or not the case has merit.

Second, if there is a defect in your apartment and you've asked your landlord time and time again to repair it, but he or she has failed to take any action, why shouldn't there be liability if someone should be injured because of this defect. How many times should someone have to avoid a hazard within their own apartment? 10,000 times, 50,000 times??? I think that is a lot to ask of the tenant when the landlord has the responsibility to maintain the unit in a good and proper condition.