QUESTION
Can I file anything if I was injured on the staircase?
Asked on Apr 10th, 2012 on Personal Injury - California
More details to this question:
I broke my ankle after falling down concrete steps at my apt. Can I file a complaint as stairs are crumbling? I had to have surgery to put in metal plate and screws, had to call 911 to take me to the ER as I was sprawled out on the walkway. Will have to have another surgery to remove metal. I'm out of work for at least a month, and will have to take more time off later on. Do I have a claim against the apartment complex (it's a large corporation)? How do I go about filing that claim?
3 ANSWERS
Immigration Law Attorney serving San Jose, CA
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Ahluwalia Law Professional Corporation
Apt is owned by large corporation and stairs are crumbling. So sorry to learn of this. It sounds like you possibly have a lawsuit against the owner of the apt building. Success depends on age of building, who was responsible for maintenance, how long have you lived there, how you might have contributed to the fall. There is no process of filing a complaint which will get you a settlement, your ultimate objective. You have the right to sue and yes, you can file a legal complaint with the help of an attorney which will start the lawsuit. Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises. This law will be the basis of the legal complaint/lawsuit. You need to focus on getting better and receiving all the treatment and medical attention you need. Consult a lawyer and start the lawsuit.
Answered on Apr 11th, 2012 at 3:31 PM
Personal Injury Attorney serving Indian Wells, CA
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Barry Regar A Professional Law Corporation
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You can file a lawsuit against the owner of the apartment complex and perhaps against the general contractor and the cement subcontractor who built the complex and the concrete steps. You could also include the management company who had the duty to manage the property. The legal theories for your case would be negligence and a dangerous condition of property. There is a duty of a landowner and a management company to inspect their property. There are facts that you don't mention such as lighting conditions, prior accidents, prior complaints about the stairs to the owners or the management company. Your injuries sound serious and you would be well advised to contact an experienced personal injury lawyer to review the facts of your case and to advise you how to proceed. You should immediately take photos of the steps. You of course should report the accident to the manager. If you are contacted by an insurance adjuster for the apartment or other possible defendants you should not give any statements until you speak with a lawyer. The insurance adjusters are not your friend. You are not in good hands with an insurance company. Your statute of limitations for filing a lawsuit is 2 years from the date of the fall in California.
Answered on Apr 11th, 2012 at 3:30 PM
Personal Injury Attorney serving Palm Springs, CA
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Gilbert & Bourke
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You do have a claim if the stairs were defective in some way. You should consult an attorney near you since these claims are routinely denied and a good attorney will be able to inspect the premises, obtain an expert opinion on the safety of the stairs and have you compensated for all damages including medical bills and lost wages.
Answered on Apr 11th, 2012 at 3:28 PM