Legal Question in Personal Injury in California

Re: Fell Down Apt. Stairs

I appreciate that she didn't rush to sue anybody in sight, but she really needs to make a claim on the owner to get her medical treatment and other damages paid. He should have insurance for just that reason. She will have to explain why she didn't get treatment for four months, but if her doctors verify the injury, it should not be critical to her claim and case. If she is still having problems and disability, she probably has a 'pain and suffering' compenent of damage to recover, in addition to medical expenses and lost income. She should contact me if interested in obtaining help getting her personal injury claim and case handled properly .

Re: Fell Down Apt. Stairs

Don't expect anything from the landlord. You will need to retain an attorney. Get medical attention right away, and take photos of the dangerous condition -- the first thing the landlord will do may be to fix the condition, and then, you won't have any photos. You will have an uphill battle since you waited so long to get medical or legal help.

Re: Fell Down Apt. Stairs

Hi,

I�m sorry to learn of your daughter�s injuries and I hope I can help you. You should immediately photograph any visible injuries and then have your daughter see a doctor right away if at all possible. Timely medical treatment is crucial. Your daughter also needs to contact me or another personal injury lawyer right away to fully protect her rights!!! The lawyer can then help your daughter get the medical help she needs. DO NOT tell the landlord about the problem until your daughter gets a lawyer and s/he fully investigates and documents the dangerous condition.

In the meantime, I recommend that you and your daughter IMMEDIATELY photograph the dip in the landing where it meets the metal strip. You cannot take too many photos. I would place a ruler into the dip where it meets the strip to show how deep the landing falls below the strip. You may also want to place the shoes your daughter wore at the time of the accident in the dip so they are caught on the strip and take a number of photographs. Take some shots from standing distance to show how the dip is not obvious when you are walking. Take most of the shots in broad daylight to fully document the condition and then take some additional shots at the time of day the accident occurred to show the condition is not obvious. Basically, you want photos that will convince a jury that the dip is an unreasonably dangerous condition and there was no way your daughter could have avoided the trap. Use your imagination. What would convince you if you were a member of the jury? Again, you cannot take too many photos. I would recommend using a digital or Polaroid camera so you can see the results immediately. However, if you have nothing else, use a regular camera or even a disposable cardboard camera from a grocery store. But, no matter what, take photos TODAY!!!

If at all possible, have a third-party witness take the photographs and make sure that they examine the depth of the dip and any other dangerous conditions on the landing and stairs.

Lastly, please be advised that your daughter's lawsuit can be barred forever if she fails to file it with the court in time.

I see you are located in Long Beach, California, but call me at (415)364-1604 if you want a free consultation. I can also be reached by e-mail at [email protected].

Best of luck!!!

Russ Martin

(415)364-1604

[email protected]

Re: Fell Down Apt. Stairs

I primarily do premises liability cases such as this. To be quite frank, there may be a problem with this case in that your daughter failed to immediatly seek medical attention, nor did she report the incident to the property management. This is why it is so important to call an attorney as soon as something like this happens. I could have arranged for a doctor to treat her on a lien basis and properly initiated the case against the defendant. There may still be hope. Why don't you give me a call on my cell at 818-427-6246 so we can discuss the case further.

Norm