Injury massive medical bill , I need advice

[knen]

I just got a bill for $710 dollars for the surgical removal of a huge splinter from my girlfriend's foot which she sustained a couple of weeks ago while walking barefoot in our apartment.

How should I broach this with the LL? The floors are very very old and although they were darkly stained before we moved in so they looked alright during the showing, thye really are in bad shape. Gauges, deep sags, rotten wood, holes where the radiators come out of the floor. Right after we moved in, I called the LL about apparent water damage that had been covered up with a nasty old scrap of carpet, and she curtly told me we were not getting a new floor, maybe in the summer. Now that I've lived here a while I know there's no way we're getting a new floor (we're talking about a slumlord here). Should I send her the bill and deduct the amount from next month's rent?

The bldg. is rent stabalized and the unit has been destabalized although I believe it was done illegally. I will deal with that eventually, but in the mean time, what to do about this bill? I don't want to file the overcharge right now and don't see why I should seeing as the penalty will only go up in my favor (we've been here six months, and the rent controled tenant was here in 2001 so there's no risk about four years being up)

What should I do? Thanks for any advice!

[Lilly]

You will have to prove that the Landlord knew about the floors to establish her liability. Did you send her anything in writing,certified mail or by fax? But more importantly, you did know about the condition of the floors and yet you allowed your girlfriend to walk barefoot on them....hmmmmm. You are lucky if you get the LL to cover half the bill, since you are partially liable for your girlfriends injury.

[Phil Cohen]

I dunno about this. The floor was in your apt., after all. A legal question, obviously. Also, obvously, renters insurance would cover this kind of thing.

[knen]

But I thought the LL warrants that the apt. is habitable. It is obvious to me (especailly knowing the landlord) that she specifically tried to conceal the dangerous qualities of the floor. I covered up the worst spots b/c I saw how huge pieces would come off just from casual contact. Now almost every inch of the floor has been covered with carpets so I think we are safe.

[Cranky Tenant]

You could try deducting the bill from your rent and see how far that gets you but... I pretty much agree with Lilly and Phil. Once you were aware the floor was splintery, you and your girlfriend could have worn shoes or slippers to avoid any injury. I'm not a lawyer but I'd guess that if you were to sue for the medical expenses there's a reasonable chance the court would take this into consideration and award you a partial amount at best. Also if there's any health or renter's insurance, the amount would probably be based on the difference between the bill and any insurance payments to cover these kinds of injuries.

If your apartment isn't stabilized, the landlord is under no obligation to renew your lease so you might be beter off in the long run to just pay the bill and forget about it.