Our firm recently filed a lawsuit against Hickory Village Apartments located in Mishawaka Indiana. The Hickory Village Lawsuit was filed on behalf of our client Ms. Jordan: a single woman in her 60s suffering chronic diabetes.
During the winter of 2018, Hickory Village apartments failed to plow its parking lot clear of ice and snow. When Ms. Jordan went out to wait for transportation to her dialysis appointment, she slipped and fell on her back.
Sitting on the frozen concrete, the parking lot was so slippery, Ms. Jordan found she slipped each time she attempted to pull herself to her feet. Thankfully a fellow resident was getting out of his vehicle at the time and called emergency services. If she had been alone, she could have very well frozen to death right there in the middle of the parking lot of Hickory Village.
As a result of this fall, Ms. Jordan suffered a laceration to her foot. Due to a slowdown in blood circulation, lacerations of any kind are very dangerous for those suffering from diabetes.
Unfortunately, and despite Ms. Jordan; s best efforts, the laceration became infected and necessitating Ms. Jordan to eventually have a portion of her foot amputated.
Due to this amputation, Ms. Jordan is now wheelchair bound. If this wasn’t bad enough, her apartment in Hickory Village is located below ground. She is not living in a handicap accessible apartment. Nor has Hickory Village apartments insured Ms. Jordan’s apartment was made handicap accessible or provided Ms. Jordan handicap accessible housing on the premises.
In fact, it is believed by this firm that Hickory Village is in violation of the fair housing act in that it does not have any handicap accessible housing for those with disabilities. While this is a potential claim against Hickory Village Apartments, our firm did not include this claim in the above complaint due to our desire to ensure Ms. Jordan’s complaint remained in state court. Nevertheless, this does not prevent our firm from filing another lawsuit against Hickory village apartments on behalf of to her disabled tenants for the complex’s failure to comply with applicable federal housing law.
Despite being sued by our firm, no effort has been made by defendant Hickory Village Apartment to insure the handicap accessibility of our client’s residential accommodations. In fact, our firm has serious concern as to Ms. Jordan’s ability to escape from the premises in the event of a fire. Since one must clime an entire flight of stairs to exit the below ground hallway leading to Ms. Jordan’s apartment, it is seriously doubtful that Ms. Jordan would be able to exit the premises in case of an emergency.
It is the responsibility of any property owner to maintain their premises in a reasonably safe and hazard free condition. This includes the basic obligation to remove ice and snow from a parking lot frequented by members of the public. We do not live in Houston or Dallas Texas. We live in South Bend Indiana. Snow and ice are common occurrences any property owner knows they must properly handle to the safety of their tenants.
Unfortunately, Hickory Village decided not to take the most basic of steps to ensure the safety of its residents who diligently pay their rental payments each month.
This failure has not only led to the amputation of Ms. Jordan’s foot, but it has also caused her to lose her independence and mobility. Small everyday things you and I take for granted, such as being able to take a shower without the presence of your adult sons in case of a fall, are things Ms. Jordan can no longer experience. Being able to get herself out of the hallway leading to her front door, is something she is now entirely unable to do without the assistance of others.
We intend on obtaining the monetary compensation Ms. Jordan requires to obtain handicap accessible residential accommodations, wheelchairs, and other assistive devices, and most of all, to compensate her for the pain and suffering this entire incident has unnecessarily caused.
The information contained above is for informational purposes only. It does not constitute legal advice. It might be out of date, and/or not reflect all the factors influencing the outcome a specific client’s case. it does not constitute legal advice and should not be relied upon in any way.
If you believe you might have a case, it is crucial you contact a qualified attorney immediately. Contact The Lockwood Legal Group for a free consultation today! You can call our office phone, cellular phone, or send us an email. You can also download our firm’s contact information.