Need help filing personal injury claim in CA

My landlord had a plumber doing some work in the front yard of my house. There was a very large hole in the front yard that the plumber had dug to work on the broken pipe. Though the plumber covered the hole with very thin plywood he did not mark the area with cones or tape it off. I came home late at night in the dark, didn't know the hole was there and fell in. I had a previous back injury that has been reinjured. I went to the doctor after the accident and am going to need further medical attention. I am going to make a claim but am not sure how to go about it. Do I start with my insurance, my landlords or the plumbers? Or all 3?

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Answers (4)

Ryan Donald Harris

Ryan Donald Harris

Contributor Level 4
You will want to start by making a claim with both your landlord’s and the plumber’s liability insurance company. When you open the claim, the insurance companies will want to take recorded statements regarding what happened and your injuries. I would strongly urge you to not provide a recorded statement. The insurance company can properly gather all of the information they need from you without taking a recorded statement. The purpose of the recorded statement is to use it against you later on. I would also strongly recommend that you consult with a personal injury attorney regarding your potential case.
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Kevin Paul Smith

Kevin Paul Smith

Contributor Level 6
Notify the plumber and your landlord immediately. Then consult with a personal injury attorney to discuss your injuries and what further action you should take.
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Ronald I. Toff

Ronald I. Toff

Contributor Level 3
You should submit your medical bills to your own health insurance as they will be processed more quickly that way. Then, both the landlord and the plumbing company should be put on notice of your claim, which will be handled by their respective insurance companies. I agree that you should not give a statement, recorded or otherwise to anyone other than your own insurance company. If you need help with your claim, you can contact my office for a free consultation at (408) 295-2100.
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Lars A. Lundeen

Lars A. Lundeen

Contributor Level 9
As I am licensed in Florida and Vermont, I cannot give you specific advice as to California state law. However, generally, in the circumstance you describe, both the landlord and the plumber may be responsible and liable for your injuries.

If you have not done so already and it is still possible, you should take photographs of the scene. You also should take photographs of any bruises or other injuries you sustained.

I respectfully recommend that you contact a competent personal injury attorney in your area to see whether or not the attorney is in a position to take on your case. If an attorney is willing to represent you, their office will make contact with the insurance companies and isolate you from any possible contact by the insurance carriers. As mentioned by some of the other attorneys above, under no circumstances should you consent to give a statement to the adverse insurance carrier nor should they be given access to your medical records without first clearing it with your attorney.

With this type of situation, it is likely that the landlord will claim that he is not responsible because it was the negligence of an "independent contractor" (the plumber) who caused your injuries. Your attorney will know how to deal with this defense.
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