An 83-year-old tenant suffered a hip fracture and brain injury after tripping on an unsafe threshold in the laundry room of her Inglewood apartment complex. Despite disputes, expert testimony confirmed her injuries were caused by building code violations, securing her a $495,000 settlement.
Plaintiff, an 83 year old female, was a tenant inside Defendant’s apartment complex located in Inglewood, CA. While traversing between her apartment unit and the laundry room in Defendant’s apartment complex, Plaintiff tripped and fell on the elevated threshold of the laundry room. Plaintiff tripped and fell forward onto the hard ground, landing on the right side of her 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 her fall, Plaintiff suffered from a right hip fracture, along with injuries to her head, lower back, pelvis, groin, right shoulder and right arm. Plaintiff’s injuries were significant enough to incur $225,000 in medical expenses. Plaintiff required a right hip surgery, as well neurocognitive rehabilitation therapy as a result of sustaining a mild traumatic brain injury, to where she now has ongoing sporadic right hip pain and neurocognitive deficits, for which she will require intermittent chiropractic and physical therapy treatment in the future, and neurocognitive behavioral therapy.
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 the laundry room in their apartment complex with a threshold that was 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 $495,000 for Plaintiff.
Speak with a lawyer today! Begin your free consultation.
