A 52-year-old tenant in Van Nuys suffered a fractured hip after tripping on torn carpet in his apartment. California Attorney Group secured a $600,000 settlement despite strong liability disputes.
Plaintiff, an 52 year old male, was a tenant inside Defendant’s apartment complex located in Van Nuys, CA. While traversing between rooms in his apartment unit located at Defendant’s apartment complex, Plaintiff tripped and fell on an old torn carpet in the living room of his apartment unit. Plaintiff landed very hard onto the left side of his body.
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 his fall, Plaintiff suffered from a left hip fracture, along with injuries to his lower back and left knee. Plaintiff’s injuries were significant enough to incur $246,000 in medical expenses. Plaintiff required a left knee surgery, as well left hip and lumbar spinal pain relieving injections, for which he 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 secure Plaintiff’s apartment unit with proper and safe carpeting in compliance with California Building Code. 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. Messrs. Khakshooy and Agarwal were able to recover $600,000 for Plaintiff.
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