Legal Question in Personal Injury in California

A fall into a basement from a inspectors negligence

A pest inspector and myself met in the kitchen of a home i sold. I told him that the access to the basement was under a cover that was in the middle of the kitchen floor. i.e. lift off. I left the area and went out front to do paperwork in my car. When the inspecter came down the driveway-i ask him if he was finished. He replyed he was only that he needed to re-enter the house to get his clipboard that was in the kitchen. I followed him into the house and entered the kitchen behind him. He vered to the left and my next step was 7' into the basement. He failed to replace the cover. A year later I had a shoulder

operation--major---60,000 bill covered.My question is is the inspector liable for failing to replace the cover he took off to access the basement.


Asked on 1/22/01, 8:11 pm

4 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: A fall into a basement from a inspectors negligence

I note that your question to LawGuru.Com has been directed to me as I specialize in Personal Injury law.

It would seem that the inspector could be negligent based upon the facts that you wrote. It could be said that he acted unreasonably and unsafely in bringing you back into the house knowing that the basement was still open and in failing to warn you.

You don't indicate what kind of work you were doing at this house. Were you working or on the job? Is Workers' Compensation available to you? If over a year has gone by and you have not filed any type of claim or lawsuit against the inspector, your claim might be lost because there is a one year statute of limitations in California.

I suggest you contact a personal injury attorney in the city or county where the home is located.

Sincerely,

SAM M. EAGLE, ATTORNEY AT LAW, 10101 SLATER AVE #218, FOUNTAIN VALLEY, CA 92708

PHONE - 714- 963-5123

FAX- 714- 964-9993

E-MAIL- WWW.FIRMS.FINDLAW.COM/EAGLELAW007

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Answered on 2/06/01, 7:30 pm
John Bisnar Bisnar & Chase, LLP

Re: A fall into a basement from a inspectors negligence

Everyone is responsible for their negligence. This inspector and his company are responsible for their negligence. He created an unsafe situation that caused you injury. His company's insurance company should cover your injuries.

Get an attorney who specializes in personal injury immediately, RIGHT NOW. Your rights my have expired.

I am very interested in your case as long as it occured in California. Call me 800-956-0123, immediately for assistance 24/7/365.

John Bisnar, Senior Partner, Bisnar & Chase, Personal Injury Attorneys & Counselors at Law, www.serious-injury-law.com, 800-956-0123, [email protected].

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Answered on 1/27/01, 1:14 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: A fall into a basement from a inspectors negligence

Of couse he is liable for his negligence, as is his company. However, you must act immediately as there is a potential statute of limitations problem. You may have to sue under the contract if more than a year has passed. Contact an attorney IMMEDIATELY !!!! You may contact me at (619) 222-3504.

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Answered on 1/26/01, 12:24 pm
Stephen Gibbs Law Office of Stephen Gibbs

Re: A fall into a basement from a inspectors negligence

The previous attorney is correct, you seem to have a clear case of liability against the inspector. If your accident happened in Santa Clara County, call me at (408) 295-8282 as soon as possible since time is VERY important. Many aspects of your claim may be lost if the accident happened more than 1 year ago to the day. Call an attorney tioday!

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Answered on 1/26/01, 2:14 pm


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