A 66-year-old woman suffered severe spinal, knee, and brain injuries after tripping on uneven flooring at her North Hollywood apartment complex. Despite liability disputes, CAG recovered $2.5 million after proving the landlord’s negligence and failure to ensure safe premises.
Plaintiff, a 66-year-old female, was a tenant inside Defendant’s apartment complex located in North Hollywood, CA. While traversing in the common areas located at Defendant’s apartment complex, Plaintiff attempted to enter an elevator and did not notice that the concrete floor just outside of the elevator had been lowered and was not aligned with the threshold leading into the elevator, causing her to trip and fall very hard into the elevator.
California property owners have an ordinary duty of care to ensure that their property is kept in a reasonably safe condition. If there are any hazards that could potentially lead to a trip-and-fall accident, they are obligated to warn visitors and guests of the dangers. A special relationship exists between landlords and their “invitees” or those individuals with special permission from the landlord to enter the premises. Issacs v. Huntington Hosp. (1985) 38 C3d 112, 123, 211. (A classic example of an invitee is a tenant on the premises of an apartment complex such as Plaintiff’s presence at Defendant’s apartment complex.)
As a result of her fall, Plaintiff suffered from injuries to her neck, upper back, middle back, lower back, bilateral elbow, bilateral knee, along with headaches (with associated concussion and traumatic brain injury). Plaintiff’s injuries were significant enough to incur $1,142,000 in medical expenses. Plaintiff required cervical and lumbar spine surgeries, for which she will require intermittent chiropractic and physical therapy treatment in the future.
Defendant disputed liability and Plaintiff’s claims for injuries and damages. Defendant also disputed the reasonableness and necessity of Plaintiff’s medical treatment. However, through lengthy discovery and depositions, it was determined that Defendant failed to warn Plaintiff of the uneven flooring by placing signs or safety cones around the hazardous area. Furthermore, through the testimony of expert doctors, it was determined that Plaintiff’s injuries and treatment were reasonable and necessary, considering the severity of her fall. Mr. Khakshooy was able to recover $2,500,000.00 for Plaintiff.
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