QUESTION
Can I sue my apartment complex if my stairs are made of cement and one of them it cracked into two pieces and my daughter fell from it?
Asked on Apr 01st, 2014 on Personal Injury - California
More details to this question:
One fell and the other is there. My daughter went to visit me. She's eight and half months pregnant and slip and fell on the stairs. I had to take her to the hospital because she had back pain after the accident on the stairs. My husband called the manager and left a message, she never respond to the message he left on her voice mail. She called in two days and said their going to fix the stairs but manager never ask if my daughter was alright. I came back from work and saw that the stairs are not fixed yet. Please advise.
3 ANSWERS
Health Law/Long Term Care Facilities for the Elderly Attorney serving Los Angeles, CA
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Murchison & Cumming, LLP
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Sue. Get lawyer. You have a great case. Plenty plaintiff attorneys on this site would love to take your case.
Answered on Apr 07th, 2014 at 10:48 AM
Personal Injury Attorney serving Irvine, CA
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Woods Williford Personal Injury Attorneys
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If your apartment complex was negligent by failing to keep the premises safe, your daughter can pursue a case against them.
Answered on Apr 03rd, 2014 at 12:05 PM
Edwin K. Niles
Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim ?comparative fault?, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.
Answered on Apr 03rd, 2014 at 12:05 PM