Can I sue if I stepped on a screw coming through the floor in my 3rd story apartment?
Asked by user in Alaska. Answered by Enjuris Editors.
Alaska adopted the Uniform Residential Landlord and Tenant Act (AS 34.03.010). The Act establishes specific statutory duties for landlords and tenants.
Among other things, the Act requires that landlords:
Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
What’s more, under Alaska common law, if a landlower is aware of a concealed condition involving an unreasonable risk of harm to those coming in contact with it, a failure to warn or repair the dangerous condition constitutes negligence.
In your case, your landlord may have violated the Uniform Residential Landlord and Tenant Act and committed common law negligence by failing to warn you about or repair the screw.
I would recommend keeping copies of all your medical records. In addition, I would take several photographs of the screw coming through the floor.
If your damages are less than $10,000, you can consider filing a lawsuit against your landlord in small claims court without a lawyer. Otherwise, you’ll probably want to get in touch with a lawyer to discuss your case and possibly file a lawsuit. You can find a lawyer near you using our free online directory.