Attorneys Obtain Settlement for Victim Injured in Fall at Apartment

A 45 year-old Hollywood woman broke her ankle when she tripped and fell while walking down some steps behind her rental apartment. She resided at this apartment complex for approximately three years. The apartment complex was in complete disarray and the steps where she fell were possibly in the worst condition of any aspect of the property. The steps were missing several tiles, which had previously fallen off, and were missing large chunks of concrete. Photographs of the steps revealed that this property was in bad condition. Our client, however, was fully aware of the condition of these steps as she had traversed them almost every single day of the three years that she lived on the property. She must have misjudged her steps on the day she fell however, causing a severe fracture of her left ankle.

Hollywood trip and fall victim is rushed to the hospital

After she fell, our client crawled back into her apartment where she was able to call 911. EMS rushed to the scene and took her to the hospital where she was X-rayed and diagnosed with a fractured ankle. She was immediately placed in a boot and instructed not to place any weight on her ankle for several months. She was given a set of crutches and told to return in a week for a follow-up visit. Distraught and unable to work, our client hired the trip and fall attorneys at Dell and Schaefer to see if anything could be done to help her get compensated.

Attorneys Dell and Schaefer make the claim

Our attorneys immediately notified the landowner that our client had fallen and was injured due to their negligence. Photographs of the property were taken that revealed that the property was poorly maintained and was not safe. The insurance company for the landowner immediately denied any wrongdoing until confronted with photographic evidence. It was obvious that the property was unsafe, but there was one problem. During the entire time that our client lived on this property, she never complained to the landlord once about the condition of the property. She never verbally complained and, more importantly, she never complained in writing. Technically, the landlord could argue that he had no notice of the terrible conditions and could not have known that these conditions should be corrected without any notice. Because of this lack of notice, the Defendant seemed to have a possible defense to the claim.

Dell and Schaefer threatens to file a lawsuit

Prepared to fight for our client, our attorneys drafted a civil complaint and discovery, fully prepared to file a lawsuit and fight to get our client compensated. Though it would be possible to lose this matter, our attorneys were prepared to take a chance. Our client, however, was in great need of immediate compensation and wanted to avoid litigation by all means. Knowing this, our attorneys were able to negotiate a settlement that provided for complete payment of all medical bills and also allowed for compensation for pain and suffering as well as inconvenience.

A lesson learned

One important factor involved in this case was the fact that our client never complained of the dangerous condition of her apartment complex. In turn, this gave her landlord no official notice of these conditions. The dilapidated steps were open an obvious as well. They could be seen by anyone who visited the property. If you or someone you know is renting from a landlord who is providing an unsafe property, tell them to complain in writing. Tell them to send certified letters regarding this issue. Tell them to document the condition of the property and the fact that the landlord is aware of the condition. Not only will this notice lead to a potential correction of the dangerous condition, it may also serve to prove notice has been given to the landlord in the event that someone becomes injured while on the property.