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Fall Resulting In Acl Torn On Homeowner Property

Discussions relating to Personal Injury Law

Fall Resulting In Acl Torn On Homeowner Property

Postby Jourdaine » Mon Nov 14, 2016 2:08 pm

My previous living arrangements ended up sour.  My former landlord and I had a renters agreement which included the use of utilities including the A/C in the townhouse.  The landlord was renting out rooms in his townhouse, he lives on the property.  

The Friday of the incident, I awoke to a lock box on the Thermostat which would prevent anyone from altering the settings on the box.  We were not provided any notification of the lockbox installation or that we would be unable to alter the settings.  

The lockbox is located in the hallway of all bedrooms and was set to 95 to prevent the AC unit from turning on unless the house reached a temperature of 95.  This is in Corona.  That day, the house reached temperatures of 86 and higher.  

I was in the process of moving - packing up my items from the kitchen.  The house was unbearably hot and in order to complete my goal of packing, it was necessary to gain relief from the heat by opening some doors and windows.  3 windows were behind a couch in the common room.  He had mentioned that one of the windows were broken - could not stay up..  but I soon found that 2 of them were actually broken.  In the process of attempting to open these windows behind the couch, which I could not reach unless I was on the couch itself, I ended up slipping off the couch and twisted my knee - tore my ACL.  I'll be requiring surgery now to repair my knee which will result in time off work as well as my copays for my health insurance.  

I'll be contacting his Homeowner's Insurance Company to file a claim.  I've heard conflicting advice as far as if I should pursuit a claim or even a civil law suit due to the situation.  Do I need a lawyer to file a claim with the landlord's homeowners insurance?  Is there sufficient evidence in the cause and effect of his liability?  Am I 100% liable for this injury?
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Fall Resulting In Acl Torn On Homeowner Property

Postby eadelmarr » Tue Nov 15, 2016 1:11 pm

Tough to answer without seeing where you fell and getting the full circumstances. From the sound of it, you will likely be partly at fault, but perhaps the Landlord may be as well.

Many states have comparative negligence so if you are partly at fault and so is he..then the damages are reduced but not eliminated.

Say, a jury finds you both 50% at fault and awards $85,000 for your injury. You would wind up collecting $42,500 from his homeowners insurance.

This is a claim you should for sure contact an experienced personal injury attorney on to get his opinion.

You cannot easily handle this yourself.

Be aware that every state has short time limits called Statutes of limitations that may bar your claim if you don't file in time.

Good Luck,

Ed Smith

Law Office of Ed Smith

Sacramento, CA 95815


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Joined: Sat Oct 06, 2012 9:38 pm

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