Most of us feel safe in our own homes, as we should. That being said, you still face the risk of injury or wrongful death through no fault of your own. California apartment buildings can host any number of liabilities to even the most alert residents. If you have sustained injuries and need assistance determining who to hold responsible according to the Golden State’s laws, please read on, then contact an experienced Santa Clara County slip and fall accident attorney to learn what you should know about apartment accidents in California.
Who is responsible for apartment accidents in California?
California has some very specific laws when it comes to your landlord’s share of fault regarding premises liability cases. Generally, you have 2 time periods when you can potentially hold your landlord liable: Before you gain possession of your apartment and after you gain possession of your apartment. In the state of California, a landlord must conduct a “reasonable inspection” of the property for “unsafe conditions” before handing it over. He or she must then repair any unsafe conditions that were discovered or should have been discovered. Failure on your landlord’s part to do so can make them liable to lawsuits.
Except for 2 exceptions, every injury sustained afterward falls on the tenant. Those exceptions are 1) when the landlord had actual knowledge of the dangerous condition and the right to repair it, or 2) when the injury occurred in a common area over which the landlord retains complete control. The latter applies to common hallways, stairs, elevators, etc.
What can you hold responsible parties liable for in California apartment accidents?
If you have sustained any of the following injuries, you may have a good personal injury case:
- Cuts and bruises
- Sprains and strains
- Herniated disc
- Spinal cord injuries
- Traumatic Brain Injury
- TMJ and/or dental injuries, such as cracked or lost teeth
- Scarring and deformities
- Tears and ruptures
Generally, apartment accidents stem from the following unsafe conditions:
- Inadequate lighting
- Poor weather conditions
- Damaged flooring
- Apartment pools
- Broken smoke or carbon monoxide detectors
- Staircases in disrepair
In order to determine who you can hold accountable and for what, you should reach out to one of our skilled Santa Clara County personal injury attorneys to discuss your next steps.
How can a Santa Clara County personal injury attorney help you?
A Santa Clara County personal injury attorney will have a better understanding of California’s premises liability laws and how they may or may not pertain to your case. He or she will be able to give you a more accurate assessment of your case, including an honest discussion of its strengths and weaknesses and how likely it is you will go to trial. You can take nothing for granted, but having a qualified legal representative fighting for you can lead to a more satisfactory outcome. These cases can languish. Do not let yours be one of them. Give us a call today.
CONTACT OUR SANTA CLARA COUNTY FIRM
When someone is wrongly injured in an accident, they often require financial compensation to heal. That’s where we come in. Contact the Law Offices of Brian J. O’Grady today to learn more about what our firm can do for you.