If you are paying rent to a landlord every month, you have rights to certain things including a safe place to live. If you or a loved one has been injured in an apartment building because those in charge of the premises did not take reasonable steps to keep it in a safe condition, you may be entitled to recover damages. The Salamati Law Firm assists individuals throughout the state of California with aggressive representation aimed at holding those liable for your injuries, financially responsible.
An injured tenant may bring a suit against someone who breached a duty if that breach was a proximate cause of the tenant’s injury.
Property owners owe a duty to tenants to protect tenants and others who may enter the property from defects or hazards on the premises. Owners often delegate this duty to property managers but either or both entities may be held liable for negligence. To fulfill their duty, landlords and property managers must:
Property manger and landlord liability is triggered when they breach their duty to act reasonably to fix or warn of defects on the premises.
If a tenant has made complaints to the property manager that the staircase carpet is loose, the property manager and owner may be liable when someone trips on the loose carpet. But if the carpet was recently dislodged and the landlord or property manager had no reason to know, they may not be liable.
If a tenant suffered an injured when he slipped on a liquid that he spilled from his own mug, he might not have as strong a claim against the property owner or manager. In that instance, the hazard was likely created by the person who was injured.
Key questions that will be asked to determine liability include:
Plaintiffs who were injured within an apartment complex or building can bolster the strength of their cases by keeping:
In addition, you will need to prove that your injury was caused by the defective condition. Strong supporting evidence may include:
Your lawyer may also request information from the landlord, including:
High-traffic areas lead to wear and tear of carpet, linoleum, and other surfaces. Many apartment slips, trips, and falls take place in:
There are potential hazards outside apartment buildings as well, such as:
Compensation for your injuries in any slip and fall depend on a variety of factors. Most notably, these amounts relate to:
If a plaintiff was partly at fault for the fall, he or she is still permitted to pursue a claim against the landlord but the settlement or award may be reduced by the proportion of the claimant’s own negligence.
A personal injury claim in California must be filed within two years. If an injury victim fails to file a lawsuit within the two years, the claim may no longer valid unless certain exceptions apply. If you were injured more than 2 years ago in a slip and fall, ask your attorney whether any such exception applies to your unique circumstances.
Personal injury litigation works best with a trusted attorney on your sides. If you have been injured in a slip and fall in an apartment building, please call to schedule a free, no-obligation consultation with Los Angeles slip and fall lawyer Sean F. Salamati. We represent clients throughout the state of California and are here to help you obtain maximum compensation for your injuries.
1. California Legislative Information, Civil Code § 1953, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=1953
2. California Courts, Statute of Limitations, http://www.courts.ca.gov/9618.htm