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Need Legal Advice for Renter/ Landlord situation

Newbury Park, CA |
Filed under: Landlord-tenant

Hi,
I need an advice on the following situation.
I live in a rented apartment in California. Few days back the property management office was performing some roof maintenance work at your apartment. The people who were actually working threw rusted and used nails from the roof top to out patio.

Few days later I was in my patio and I got hurt with a rusted nail. I went to the urgent care and they asked me to undertake tetanus vaccine shots. After taking the vaccine shot I got fever and missed the office by couple of days.

Then I went to the property leasing office and asked them to clean the patio. They sent one person and they cleaned the patio. But still there are few nails in the patio and I am really scared to go there or ask my daughter to play there.

Can I take any legal actions

Attorney Answers 1

Posted

You could take legal action; I don't know whether you would get anything. You would have to show that the roofers were negligent in throwing the nails onto the ground. A court may well decide that you were contributorily negligent if you knew the nails were there and did nothing about them. In that event, it would reduce your award by the proportionate amount of your negligence.

What is stopping you from sweeping the patio now?

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Asker

Posted

We cleaned the Patio but there are nails which are difficult to find as they are camouflaged with small pebbles or are under pebbles and appear when you step on them. The point is, I do not want to claim personal injury. But I am negotiating with them on the increase of my apartment rent. And the reason I am putting forward is that I did not claim personal injury (which i hope i cloud have claimed). So do I have a ground?

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