Occurred: June 1st 2014. I live in the same apartment complex. the stairs are located inside the unit. i been going up and down my stairs for over 6 yrs. one visit at my aunt's and i fall. there uneven steps and slanted. i haven't been the only one that has fell. i took this long because i was scared to get kicked out. But now it doesn't matter. My lease renewal was denied and i have to the end of this year to move. please advise, desperate for resolution thanks in advance
Could be a defect or dangerous condition, so take photos and bring them to a local personal injury lawyer who can evaluate. Avvo has a great lawyer finder tool to locate a local attorney near you.
Your injuries are very serious, but more info is needed to tell if you have a good case. It's not clear if these are in a common area or your aunt's apartment. If she knew other people had fallen and complained but the landlord did nothing, it's probably a very good case. You should definitely get photos.
A lot of lawyers on here offer free consultations. All the best.
If the uneven, slanted steps caused the fall, the case sounds like a good one. I agree that taking photos to an attorney is a good way to start. Documentation of these conditions is critical. An attorney familiar with this sort of case will take care of that. Please don't delay.
This would be a case against the landlord for negligent design or construction of the stairway. At some point in the litigation process, an expert witness or a building inspector would be required to inspect and measure the stairs, risers, and treads in the stairway, to determine if the stairway was up to the local building code. If there was a code violation, there would be negligence per se on the part of the landlord. Considering the serious injury you sustained when you fell, you could have a very good personal injury case, if negligent construction can be proven and confirmed.
You should meet with an experienced personal injury attorney who handles premises liabiity cases. Take pictures, and hire the attorney in sufficient time so that the attorney can inspect the stairs and premises before you move out.
I agree with the other attorneys: first thing you should do is take photos, second call a personal injury attorney and have them represent you immediately. The fact that previous people were injured on the same stairs and the nature of your injuries make for a very solid claim.
Each state has very specific laws on the responsibilities of landlords and whether they can be sued for defects in the structure. I urge you to call a local attorney. Most will advise you for no initial charge.
More info required to properly respond. I would suggest consulting with a local attorney to discuss further and seek an attorney that will provide a free initial consultation (some will do so over the phone for your convenience). Good luck.
There answer(s) contained herein do not establish the attorney-client relationship and should not be seen and/or construed as legal advice. For legal advice, I would suggest a consultation with an attorney you trust and/or one that is reputable in the legal community. Moreover, the opinions expressed are based on a limited understanding of the facts and/or legal issues and without the full benefit of knowing all of the legally germane facts of your case.
Slip and fall / trip and fall accidents can be difficult personal injury claims to prove. In a slip and fall / trip and fall claim, both the property owner and the injured victim can be held to varying degrees of responsibility, we often call this concept “comparative negligence.” You stated you lived at this building for several years, did you ever complain to management about the stairs? Have others fallen?
Cases involving slipping and falling down a staircases are a major cause of personal injuries. It is estimated that slips, trips and falls kill more than 16,000 Americans each year.
Under California law and generally in most states to be legally accountable for a personal injury a victim has suffered from slipping, tripping and/or falling on someone else's property, the owner of the premises (or the entity in possession) or their employee or agent must have either caused the dangerous condition or allowed it to exist.
In my opinion a poorly maintained staircase in an apartment complex is a dangerous condition. Because of the foreseeable use, such conditions need to be addressed quickly. As well, there may exist building code violations and safety violations.
Your injuries are serious. You should contact a local personal injury attorney familiar with handling slip and fall / trip and fall cases. Most personal injury attorneys offer a free consultation. You should avail yourself of this very valuable and educational service. That should be your first step, you can then decide how to proceed.
The information provided is for general informational purposes only and is not intended to be legal advice. I am only licensed in the State of California and I am not providing you with specific legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information provided may not apply to any specific factual and/or legal set of circumstances and/or the jurisdiction where you reside. No attorney-client relationship is formed nor should any such relationship be implied. The information provided is of a general nature is not intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. Your question, although you may believe is simple, it is not simple. You require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction.
(a) Call the local building inspection company and have them inspect the stairs to see if they were to code, and get there report, (b) gather up all your medical bills and medical records, (c) and once you have all this meet with an attorney. The attorney will see if there was a code violation, (improper raise and rise of the step or lack of handrail). The fact you have walked up and down these stairs for 6 years without an issue will cause some serious issues in the case. This however does not negate a case all together.
You need to obtain photographs of the stairs and consult with a personal injury attorney. You also need to ask your aunt and other neighbors if anyone had ever given written notice the landlord about the stairs. it is important that the landlord knew or should have known about the condition of the stairs.
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