A 46-year-old tenant tripped and fell on an unlit staircase in her Tustin apartment complex, suffering severe spinal injuries that required surgery. Despite disputes, expert testimony confirmed her injuries were caused by unsafe conditions, securing her a $500,000 settlement.
Plaintiff, a 46 year old female, was a tenant inside Defendant’s apartment complex located in Tustin, CA. While walking down the stairs in the evening, at Defendant’s apartment complex, Plaintiff missed the last couple of steps, causing her to trip and fall due to no lighting in or around the staircase. Plaintiff tripped and fell forward landing very hard onto the ground with her arms, chest and legs.
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 injuries to her neck, lower back, bilateral wrist, bilateral shoulder, bilateral knee, as well as headahes. Plaintiff’s injuries were significant enough to incur $287,000 in medical expenses. Plaintiff required a lumbar spine surgery, to where she now has ongoing sporadic lumbar spine pain, 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 have proper lighting around the staircase where Plaintiff fell. 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 $500,000 for Plaintiff.
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