Suing for a Trip and Fall Caused by Construction at an Apartment Building
Repairs and renovations have to take place at apartment buildings from time to time, though they are certainly inconvenient to the people living there. Still, it’s necessary to ensure that the premises are safe for all the tenants, as well as guests and visitors to the building.
Whenever there is construction in a building, there are safety protocols that must be in place at all times. For example, there should be signs, safety barriers, ropes, tarps, etc., to indicate to others that they should stay away from the area. In addition, the site must be organized and cleaned before the workers leave for the day. Unfortunately, we’ve all come across rooms, hallways, and other parts of a building under construction that are in total disarray. Tools on the floor, pieces of concrete, half-filled trash bags, dirty rags, and even food wrappers and drink cups can be found all over these areas. Even worse, debris can end up being blows or kicked around to other areas of the building and cause someone to be injured from a trip and fall.
If you are a tenant injured as a result of unclean construction area at an apartment, you can file an accident claim to cover your medical treatments and other expenses. However, knowing who you can sue and building a successful case can be very challenging unless you have expert knowledge of the state’s personal injury laws. That’s why you should contact a trip and fall accident attorney as soon as possible, who can talk to you about your rights and legal options.
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When you trip over something and fall down, there is a high risk of serious injuries to just about every part of your body. Though falling down doesn’t seem like a big deal, it’s not a coincidence that millions of people end up in the emergency room every year after they injure themselves from a fall. Common examples of trip and fall injuries include:
- Dislocation in the hip, shoulder, elbows, and knees
- Fracturing of the tailbone
- Concussion, skull fracture, and other forms of head trauma
- Broken hip or pelvis
- Rupturing of the spleen and other internal organs
- Soft tissue injuries (ligament tears, for example)
- Loss of function caused by nerve damage
- Permanent scars from puncture wounds and deep cuts
- Infections from germs getting into open wounds
- Injury to the neck or spinal cord
Though it’s tempting to brush off the accident and go home, we implore you to seek medical attention as soon as possible. Constructions sites – even clean ones – are full of contaminants like sharp tools, loose bits of metal, and chemical products that can exacerbate your injuries and cause serious, long-term damage if you don’t receive treatment right away.
Who can I Sue for my Accident?As the accident occurred in your apartment building, it’s natural to assume that the building owner (which may be a leasing company or a group of owners) is the party you would sue in the event of an accident. This is true in many cases, considering that property owners have a duty of care to maintain reasonably safe conditions for residents and visitors. So, if there is a construction site on the property that is unclean or unsafe, it would appear that the owner is to blame.
However, it’s ultimately the construction company and its workers that are responsible for cleaning up the area and immunizing the possibility of someone getting hurt. It’s also worth noting that most of these companies are licensed and carry their own insurance in the event that there is an accident. So, the right strategy may be to go after the contractor that’s working on the building. However, if the work is being done by people who are unlicensed, liability for a trip and fall incident falls on the building owner, as they took the risk of hiring people without their own insurance. In this situation, filing a lawsuit against the apartment building is generally the right course of action.
Another party that you may be involved is a property management company. Many buildings are managed by a separate company that’s in charge of day to day tasks and certain repair and renovation projects. So, the responsibility for hiring and overseeing a construction crew may fall on the property manager, and this is the entity you would sue for any injuries from a trip and fall.
Making sense of these factors and deciding who is liable for an accident is crucial to obtaining the settlement you deserve. Contact us today, where you can discuss the details of your accident with a fall injury lawsuit attorney.
Why You Should Contact an Experienced Trip and Fall AttorneyThough it seems like you can file a claim on your own, it’s quite difficult to obtain the compensation you deserve from an apartment building, construction company, or any other entity. The burden of proof is on you to show that you suffered injuries as a direct result of negligence by the defendant. You must also prove that your injuries are serious enough to result in medical expenses, lost wages, pain and suffering, and other monetary damages.
Collecting evidence and putting together a strong legal argument requires help from a lawyer with decades of experience in slip and fall and trip and fall claims. For more information on filing a construction site trip and fall lawsuit, please contact our law firm.
All premises liability lawsuits, including trip and fall claims, have a deadline of 2 years. That gives you 24 months from the date of the accident to sue the building owner, a leasing company, or the contractor in charge of construction at the building. Keep in mind that the courts are very strict about filing deadlines, and there are very few reasons that would allow for an extension beyond the 2-year time period. As a general, victims that wait too long to file a trip and fall lawsuit lose the right to sue for monetary damages. Don’t compromise your right to payment for the harm you’ve suffered. Contact our law firm and talk to a construction at an apartment building accident lawyer.
Free Legal ServicesPaying for a lawyer seems impossible when you are seriously injured from an accident, like tripping over debris in a construction area of your apartment building. However, you won’t have to worry about the cost of legal fees here at DTLA Law Group, as we have a Zero Fee Guarantee.
We agree to represent you on a contingency basis, meaning we wait until the end of your case to recover our expenses. This is done by deducting a portion of your settlement, so in other words, we only get paid by winning your case.
As you can see, you have nothing to lose by meeting with us for a free case evaluation. Contact us today and talk to a trip and fall lawyer who can help you sue for an accident in your apartment building.
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