Having a practice, an urban practice like I do, these cases are seen by my office regularly. We have people who are tenants in apartments who are constantly getting injured whether the ceiling broke or something happened with the floor, or the landlord didn’t clear the path for ice and snow or didn’t shovel the stairs. So these cases happen all the time. The problem with some of the cases becomes if the landlord doesn’t have insurance then there is no coverage.
So, can you still sue the landlord? Yes.
Is it going to be difficult to actually get a recovery of money from the landlord if he doesn’t have insurance? Yes.
So do you still have a claim? Yes, you have a claim.
Is it going to be more difficult actually getting the money to compensate you for the pain and suffering from the landlord if he doesn’t have insurance? Absolutely. That’s going to be the difficult part.