Landlord construction caused trip and fall

[krysnik]

I am in Orange County, CA. Recently I tripped over wiring and boards left in the courtyard in front of my door by roofing contractors hired by the landlord. We were never informed that these workers were coming much less be here for a week. I fell on my left side and head. took photos of abrasions but since then I feel all twisted up and restless making it hard to even sit down. I left a message with the realtor that does management here, but she ignored it. This is par for the course here. Noise complaints are now ignored with the same offending tenant and she has basically forbid us from calling police even though she does nothing about that tenant. I am disabled but that fact is ignored too. I need to move in 30 days


I know I need to find a good attorney but I don't want to look in a phone book

[sandyclaus]

Originally Posted by krysnik I am in Orange County, CA. Recently I tripped over wiring and boards left in the courtyard in front of my door by roofing contractors hired by the landlord. We were never informed that these workers were coming much less be here for a week. I fell on my left side and head. took photos of abrasions but since then I feel all twisted up and restless making it hard to even sit down. I left a message with the realtor that does management here, but she ignored it. This is par for the course here. Noise complaints are now ignored with the same offending tenant and she has basically forbid us from calling police even though she does nothing about that tenant. I am disabled but that fact is ignored too. I need to move in 30 days I know I need to find a good attorney but I don't want to look in a phone book

You already were aware of the roofing contractors doing work on the premises. Did you not pay attention to see that the wiring and boards were there before you proceeded? I mean, wiring and boards sounds to me like a fairly visible hazard which could have been easily avoided if you were watching where you were going.

Are there other factors we aren't aware of that you feel would make the management responsible for the accident?

Have you sought medical treatment for your injuries? What are you expecting from management in order to settle this case for you?

[Friend In Court]

You have a potential claim against both the contractor and the landlord. Walkways and property one can be expected to walk over must be kept clear of debris. Construction crews are to take care that they leave no debris that can cause injury and leaving wiring and debris in front of a doorway one can anticipate someone would trip and fall. Further, contractors are bonded and most have insurance to cover claims against them like this.

Hopefully you took pictures of the debris the contractor left. And/or have witnesses as well.

You can expect nothing but stonewalling from the management company for their job is to protect the owner/landlord, and not recommend settling any claims they do not have to. I am sure they just hope you will go away and forget you ever lived there.

There are attorneys with WorldLawDirect you can contact who do personal injury.

[sandyclaus]

Originally Posted by Friend In Court You have a potential claim against both the contractor and the landlord. Walkways and property one can be expected to walk over must be kept clear of debris. Construction crews are to take care that they leave no debris that can cause injury and leaving wiring and debris in front of a doorway one can anticipate someone would trip and fall. Further, contractors are bonded and most have insurance to cover claims against them like this. Hopefully you took pictures of the debris the contractor left. And/or have witnesses as well. You can expect nothing but stonewalling from the management company for their job is to protect the owner/landlord, and not recommend settling any claims they do not have to. I am sure they just hope you will go away and forget you ever lived there. There are attorneys with WorldLawDirect you can contact who do personal injury.

Where is OP's responsibility here? There's the hazard one can't see, either because it is too small, it's camouflaged or partially obscured, or the lighting is such that it does not properly illuminate the walkway. Then there's that HUGE elephant in the walkway - the one that you would have to be high as a kite not to see, or that you just weren't paying attention to. With something like that, while clearly a hazard, someone should be able to avoid it quite easily if they try.

Perhaps OP's disability comes into play here, and they have limited mobility that makes it difficult to move around. Even so, if they saw the hazard (and we're talking wires and boards, which SHOULD stick out like a sore thumb), they had a duty to use caution when navigating around or over it. Or, since the construction workers were still around, it might have been prudent to just ASK someone to move the debris out of the walkway. But to see it, walk right up to it and over it, exercising no caution at all, then OP would have to take some responsibility for their actions.

We don't even know the extent of the debris field, because OP has not chimed in here, but when I hear wiring and boards, just common sense tells me that the boards alone should be something that is clearly visible - AND AVOIDABLE.

Originally Posted by sandyclaus Where is OP's responsibility here? There's the hazard one can't see, either because it is too small, it's camouflaged or partially obscured, or the lighting is such that it does not properly illuminate the walkway. Then there's that HUGE elephant in the walkway - the one that you would have to be high as a kite not to see, or that you just weren't paying attention to. With something like that, while clearly a hazard, someone should be able to avoid it quite easily if they try. Perhaps OP's disability comes into play here, and they have limited mobility that makes it difficult to move around. Even so, if they saw the hazard (and we're talking wires and boards, which SHOULD stick out like a sore thumb), they had a duty to use caution when navigating around or over it. Or, since the construction workers were still around, it might have been prudent to just ASK someone to move the debris out of the walkway. But to see it, walk right up to it and over it, exercising no caution at all, then OP would have to take some responsibility for their actions. We don't even know the extent of the debris field, because OP has not chimed in here, but when I hear wiring and boards, just common sense tells me that the boards alone should be something that is clearly visible - AND AVOIDABLE.

I came home from the grocery store and the walkway was clear when I left. I was carrying 2 bags and I was wearing sandals. I did step over these things but with no intention of falling whatsoever, the front of my shoe caught on one of several wires...sandals generally have a space between the foot and the shoe when walking
as you may not know, and this the space the wire caught. Now I've tried my best to explain how slip ups in life may happen and they are not done purposefully in most instances as you seem to suggest. I am also trying to protect myself from any surprise that may happen down the road, which I have learned the hard way in the past, I am not some opportunist out to sue anyone I can for whatever I can get. I don't recall mentioning anything to that effect. And to address your other accusations, both sidewalks leading into my courtyard were littered with construction materials and the only worked around were on the roof periodicly throwing down large pieces of wood, etc without looking to see if anyone was there before tossing it. now I'm sure your going to find a way to put me at blame again but that's all I have to say. At this point in my life I don't have it in me to keep fighting and defending myself because I asked a question. Pain has a funny way of getting into ones psyche and can contribute to seeing and feeling only hopelessness, compounded further when attacked and blamed for an accident that was just that, not some sinister plot for my own gain. I'm sure there are others on here that are out to do just that. It doesn't feel right to take this time to defend myself when I'm almost certain that there will more mud slinging based on what you've accused me of thus far but more importantly I've learned to never again set myself up on a forum like this that one would think would be of some help instead of being dragged down by a pack of wolves

[sandyclaus]

Originally Posted by Unregistered I came home from the grocery store and the walkway was clear when I left. I was carrying 2 bags and I was wearing sandals. I did step over these things but with no intention of falling whatsoever, the front of my shoe caught on one of several wires...sandals generally have a space between the foot and the shoe when walking as you may not know, and this the space the wire caught...

Based upon your statement, then, I can come to this conclusion:

• The debris in the walkway was clearly visible.
• You made no attempt to move the debris out of the way, but instead proceeded walking and tried instead to step over it.
• KNOWING that there was debris in the walkway, you proceeded to walk with sandals and got some of the wiring caught between the shoe and foot, and subsequently tripped.

As I stated before, this accident was clearly avoidable. After seeing the hazard, when you proceeded to walk over the debris field without taking any precautions or preventative measures (such as moving the debris out of the way, putting down the grocery bags that were blocking your view, putting on different shoes that would have been safer to wear while crossing the wiring), you considered it an "acceptable risk" and limited any liability they might have had for any injuries you suffered by taking the risk. You knew (or reasonably should have known) that proceeding further across the debris could result in you tripping and falling, yet you did nothing to lessen your risk.

I have two words for you: PERSONAL RESPONSIBILITY.

Look, I know you're broke and behind on your rent, and facing eviction. You have limited income. I see this as a feeble attempt by you to get out from under that looming debt and find some desperately needed financial relief by looking for a lawsuit lottery win. I get it. But I really don't think this is going to work out the way you hope.

[Friend In Court]

Construction companies have strict liability for leaving debris on walkways where someone can trip, fall and hurt themselves. They have a duty to clean up after themselves. And carry insurance just for instances like this. I disagree with sandyclaus on this, a rare occasion. My son has a construction company, I know the provisions of his policy, and the way he cautions his crew so he does not end up with a claim.

There can be liquid spilled on a supermarket floor that someone slips on. THe law does not hold the victim liable because 'they should have seen it'. The store is liable for any injuries.

One can also return to their residence at night and not see the garbage in their path.

Seek an attorney who handles such claims is my recommendation.

Originally Posted by Unregistered I came home from the grocery store and the walkway was clear when I left. I was carrying 2 bags and I was wearing sandals. I did step over these things but with no intention of falling whatsoever, the front of my shoe caught on one of several wires...sandals generally have a space between the foot and the shoe when walking as you may not know, and this the space the wire caught. Now I've tried my best to explain how slip ups in life may happen and they are not done purposefully in most instances as you seem to suggest. I am also trying to protect myself from any surprise that may happen down the road, which I have learned the hard way in the past, I am not some opportunist out to sue anyone I can for whatever I can get. I don't recall mentioning anything to that effect. And to address your other accusations, both sidewalks leading into my courtyard were littered with construction materials and the only worked around were on the roof periodicly throwing down large pieces of wood, etc without looking to see if anyone was there before tossing it. now I'm sure your going to find a way to put me at blame again but that's all I have to say. At this point in my life I don't have it in me to keep fighting and defending myself because I asked a question. Pain has a funny way of getting into ones psyche and can contribute to seeing and feeling only hopelessness, compounded further when attacked and blamed for an accident that was just that, not some sinister plot for my own gain. I'm sure there are others on here that are out to do just that. It doesn't feel right to take this time to defend myself when I'm almost certain that there will more mud slinging based on what you've accused me of thus far but more importantly I've learned to never again set myself up on a forum like this that one would think would be of some help instead of being dragged down by a pack of wolves

You seem to have taken what someone said and blown it completely out of proportion (and context). All the person said was, you have to accept some personal accountability for the fall in the first place. She did not "blame" you, nor did she suggest that you "fell on purpose". She's merely pointing out that you were aware that there was construction going on, therefore you cannot use that as a defense for your fall.

The bottom line is, if you did not seek medical attention immediately after your fall, you cannot file a claim for damages. Without the medical bill(s), you have no monetary claim.

Regardless of "friend in court's" advice, if you have no medical bills, you cannot seek damages.

[Friend In Court]

Originally Posted by Unregistered:
You seem to have taken what someone said and blown it completely out of proportion (and context). All the person said was, you have to accept some personal accountability for the fall in the first place. She did not "blame" you, nor did she suggest that you "fell on purpose". She's merely pointing out that you were aware that there was construction going on, therefore you cannot use that as a defense for your fall.

The bottom line is, if you did not seek medical attention immediately after your fall, you cannot file a claim for damages. Without the medical bill(s), you have no monetary claim.

Regardless of "friend in court's" advice, if you have no medical bills, you cannot seek damages.

The poster mentioned injuries from the fall. You can rest assured that if this person seeks legal counsel, they will be examined by physicians to determine the extent of the injuries and cost to treat and/or cure.


That is why when one believes they have suffered a personal injury, it is best to seek counsel of an attorney and not take the advice of a layman.

[jeneliapeterson]

I think you should look for a solicitor. You need to collect proofs that will go in your favor. If you have any pictures of the scenario, that can help you in this case. Most importantly, the lawyer need to be aware of everything that has happened at the accident.