Accident question

[billyb]

I moved my daughter to Norfolk, VA last week because she got accepted into PA school at EVMS. Her apartment is on the 3rd floor. The stairs are carpeted and some of it is loose. Yesterday she lost her balance going down and tumbled from the 2nd floor to the 1st. Called EMS and she was taken to the ER. No broken bones or head injuries, but is bruised up pretty bad. I have her covered by Florida Blue and there is no telling what her bill will be. Does the apartment complex have any liability?

 

[fed up]

Has it been brought to the attention of the school prior to the accident? Was she aware of the situation prior to the accident?

 

[billyb]

Has it been brought to the attention of the school prior to the accident? Was she aware of the situation prior to the accident?

I am not sure what you are asking? What should have been brought to the attention of the school? Was she aware of what situation?

 

[WolfpackAgent]

Do you know if she, or anyone else, notified the complex of the loose carpet?

 

[billyb]

No they have not been notified by us. She is not sure what caused her to fall. She just remembers lying on the floor at the bottom of the stairs.

 

[fed up]

I am not sure what you are asking? What should have been brought to the attention of the school? Was she aware of what situation?
Are you looking for a settlement from the school? Use your healthcare coverage for the accident claim and make sure your daughter is okay. Kids at colleges wear all types of footwear (or not) and they trip on steps when they are rushing to or from class. My daughter had a grade concussion after her fall down concrete steps

 

[billyb]

I was inquiring about the liability of the apartment complex. Has nothing to do with the school. The apartment is not affiliated with the school. Not trying to get any settlement from anyone.

 

[InsCommentary]

You have a legal, not an insurance, question. The landlord may or may not have any liability but, if they do, the burden of proof will be on the injured party. Another possible issue could be any indemnity agreements in the lease.

 

[geneseehill]

Virginia has a contributory negligence law which would make recovery for general damages (pain & suffering) very difficult. You would need to prove that the slip and fall was 100% caused by the carpeting being loose. The defendant (apt complex, maintenance firm, etc) would only have to prove 1% negligence or contribution on your daughter for there to be a complete defense in the matter. Your daughter may be able to recover under the Medical Payments portion of the General Liability policy if it was available. Usually, that coverage has limits of 1k-5k and is owed regardless of liability. Your daughters health insurer may choose to pursue a recovery claim against the third party apt complex/maintenance firm if they are able to determine Med Pay coverage. Their action for recovery (right of subrogation) would be no greater then your daughters however. They could possily ask for assistance in the recovery by asking her to take a photo of the steps, or giving a recorded statement to confirm the location, date & time of the incident.

 

[billyb]

Thanks for the replies. Will have to wait and see what FB decides to do. It probably will be out of network so am sure it will be a substantial bill.